Agenda of Ordinary Meeting of Council

Ordinary Meeting of Council

TO BE HELD ON Tuesday, 26 June 2018 AT 7:00 pm

Level 3, Council Chamber

Agenda

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NOTE: For Full Details, See Council’s Website –

www.kmc.nsw.gov.au under the link to business papers

APOLOGIEs

DECLARATIONS OF INTEREST

Confirmation of Reports to be Considered in Closed Meeting

NOTE:

That in accordance with the provisions of Section 10 of the Local Government Act 1993, all officers’ reports be released to the press and public, with the exception of following confidential report(s) and attachments:

C.1 Facilitation of the General Managers Performance Review

Attachment A1 – GM Performance Review Proposals

This matter is classified confidential under section 10A(2)(d)(i) because it deals with tenders. Tender details, should they be revealed, may result in commercial disadvantage to parties involved in the tender process. Some information provided to Council by tenderers is provided on the basis that Council will treat it as commercial in confidence.

NOTE:

That in accordance with the provisions of Section 10 of the Local Government Act 1993, all officers’ reports be released to the press and public, with the exception of confidential attachments to the following General Business reports:

GB.4 Lindfield Village Hub - Update

Attachment A1: Attachment A1 - Lindfield Village Hub - Update - Due Diligence Extract

Attachment A2: Attachment A2 - Lindfield Village Hub - Update - Key Target Dates

The above attachments are considered confidential because they would would confer a commercial advantage on a competitor of Counci, in accordance with Section 10A(2)(d)(ii), and reveal a trade secret, in accordance with Section 10A(2)(d)(iii).

Attachment A3: Attachment A3 - Lindfield Village Hub - Update - Legal Advice

The above attachment is considered confidential because it would prejudice the commercial position of the person who supplied it, in accordance with Section 10A(2)(d)(i), or would confer a commercial advantage on a competitor of Counci, in accordance with Section 10A(2)(d)(ii), or reveal a trade secret, in accordance with Section 10A(2)(d)(iii).

GB.5 Save Marian Street Theatre Committee - Fundraising Feasibility Study and Business Plan

Attachment A1: Save Marian Street Theatre - Fundraising Feasibility Study and Executive Summar Y

The above attachment is considered confidential because it would reveal personnel matters concerning particular individuals (other than Councillors) , in accordance with Section 10A(2)(d)(a)

Address the Council

NOTE:

Persons who address the Council should be aware that their address will be recorded on the official audio recording of this meeting.

Documents Circulated to Councillors

CONFIRMATION OF MINUTEs

Minutes of Ordinary Meeting of Council 10

File: S02131

Meeting held 12 June 2018

Minutes numbered 145 to 173

minutes from the Mayor

MM.1 The Queen's Birthday Honours 2018 28

File: S02767

I am pleased to inform you that 20 Ku-ring-gai citizens, through their outstanding achievements and services to the community, have been awarded 2018 Queen’s Birthday Honours.

We are very proud to have these dedicated and talented Australians as members of the
Ku-ring-gai community.

I would like to read to you the names of these special Ku-ring-gai citizens and, on behalf of Council, congratulate them on their excellent contributions to Australian society.

John Lachlan CAMERON AM of Wahroonga, for significant service to the community through a range of roles in the disability and the not-for-profit sectors, and to politics and public policy

Harvey Albert DILLON AO of Turramurra, for distinguished service to science, and to engineering, as a researcher in the field of hearing loss assessment, electrophysiology, and rehabilitation, and to improved auditory technologies

Richard Herbert GASTINEAU-HILLS OAM of Killara, for service to chess

Robert Neil HARVEY OAM of St Ives, for service to cricket

Frederick KENYON OAM of Turramurra, for service to the television broadcast industry

Jonathan Michael LEIGHTON OAM of Wahroonga, for service to cycling

Margaret Elizabeth MACMILLAN OAM of Wahroonga, for service to people with Alzheimer’s and their carers

Marika Reet McLACHLAN OAM of Warrawee, for service to secondary education

John (Jock) Stephen MURRAY AO of Lindfield, for distinguished service to the transport, infrastructure and freight industries, through roles in policy direction, planning and implementation, and to Jesuit education

Brian Kenneth OWLER AM of Wahroonga, for significant service to medicine through the leadership and administration of professional medical organisations, and to education

Peter John SMITH OAM of Turramurra, for service to the community of the North Shore

Thomas John SWEENEY OAM of Killara, for service to the performing arts, and to the community of Willoughby

David Keith SWEETING OAM of St Ives, for service to electrical engineering

David Gerald SYKES OAM of St Ives, for service to dentistry, particularly to prosthodontics

Peter Clive THOMSON OAM of St Ives, for service to the community through a range of volunteer roles

Leo Edward TUTT AM of Wahroonga, for significant service to community health, particularly to people with diabetes, through administrative and leadership roles, and to accounting

Robert Wilson WANNAN OAM of Pymble, for service to the visual and performing arts, to youth, and to the community

Garry Hannon WEBB OAM of Turramurra, for service to the community of the North Shore

Peter Mackay WILKINSON OAM of Killara, for service to the community, and to road safety education

On behalf of Council, I congratulate all these award winners on their outstanding achievements.

Ku-ring-gai should be proud that it has so many citizens being recognised at the highest levels for their selfless dedication, commitment and contribution to local, national and international communities.

MM.2 Statewide recognition for North Turramurra Recreation Area and Wild Things program 30

File: S05053

It is my pleasant duty to advise my Councillor colleagues and the Ku-ring-gai community of two well-deserved awards that the Council received last week.

The Council’s North Turramurra Recreation Area and its Wild Things urban biodiversity program have both been recognised at this year’s NSW Local Government Professionals Awards.

These prestigious annual awards recognise excellence in the local government sector in NSW and significant achievements by NSW councils over the past year.

The $29 million North Turramurra Recreation Area was the winner in the Asset Management and Infrastructure Initiatives Projects category which highlights ‘initiatives that maximise benefits to the community and showcase projects that develop and manage community assets’.

The project transformed the existing public golf course into an 18 hole championship standard course overlooking Garigal National Park, complete with walking trails, picnic areas and artificial wetlands.

With sections built on a former landfill site, the Recreation Area also has four new sportsfields and an extended car park.

The site makes use of recycled irrigation water from sewer mining systems, resulting in 300,000 litres of water produced every day for irrigation purposes. As a result, the golf course is 100% self-sufficient and no potable water is used for irrigation.

Its emphasis on environmental sustainability has seen the return of native animals and birds not previously seen in the area for decades, such as lace monitors, tree snakes and blue fairy wrens.

The Council’s Wild Things urban biodiversity program was also awarded a high commendation in the Environmental Leadership and Sustainability category.

Since 2008 the Wild Things programs has been boosting Ku-ring-gai’s biodiversity by providing native bee hives to residents and teaching them how to convert unwanted backyard swimming pools into ponds filled with native marine life.

The program also hosts a You Tube channel called EnviroTube which promotes ways residents can boost biodiversity in their gardens and live a more sustainable lifestyle.

In the ten years of its existence Wild Things has distributed 1223 native bee hives to residents and converted 72 backyard pools into thriving ponds. It has aroused the interest of councils across Australia and even overseas.

The technical competence and high level of innovation displayed in both projects led to the awards.

I congratulate the Council staff involved – both past and present – for their commitment and dedication and I commend these projects to the Ku-ring-gai community as examples of how the Council is always striving to find new ways to help our natural environment and to manage our assets for maximum benefit to the community.

Petitions

GENERAL BUSINESS

i. The Mayor to invite Councillors to nominate any item(s) on the Agenda that they wish to have a site inspection.

ii. The Mayor to invite Councillors to nominate any item(s) on the Agenda that they wish to adopt in accordance with the officer’s recommendation allowing for minor changes without debate.

GB.1 Draft Community Strategic Plan 2038 - Post Exhibition 32

File: S11275

For Council to adopt the exhibited Community Strategic Plan ‘Our Ku ring-gai 2038’ with minor amendments and corrections.

Recommendation:

That pursuant to Section 402 of the Local Government Act, 1993, Council adopts the Community Strategic Plan ‘Our Ku‑ring-gai 2038’ with minor amendments and corrections.

GB.2 Draft Resourcing Strategy 2018-2028 - Post Exhibition 45

File: S11276

For Council to adopt the exhibited Resourcing Strategy 2018-2028, incorporating the Long Term Financial Plan, Asset Management Strategy and Workforce Management Strategy.

Recommendation:

That Council adopt the Resourcing Strategy 2018-2028, incorporating the Long Term Financial Plan, Asset Management Strategy and Workforce Management Strategy.

GB.3 Draft Delivery Program 2018-2021 and Draft Operational Plan 2018-2019 - Post Exhibition 57

File: FY00382/10

For Council to adopt the draft Delivery Program 2018-2021 and draft Operational Plan 2018-2019, incorporating the Budget, Capital Works Program, Statement of Revenue Policy and draft Fees and Charges for 2018-2019.

Recommendation:

That pursuant to Sections 404 and 405 of the Local Government Act, 1993 Council adopts the exhibited draft Delivery Program 2018 – 2021 and Operational Plan 2018 – 2019 incorporating the Budget, Capital Works Program, Statement of Revenue and Fees and Charges for 2018 – 2019 with minor amendments.

GB.4 Lindfield Village Hub - Update 91

File: S10973-25

The purpose of this report is to update Council on the status of procurement planning for the Lindfield Village Hub (Project) and provide recommendations on the method and timing of procurement activities to deliver the Project.

Recommendation:

1. That Council pursue an Expression of Interest (EOI) from the market in or around October 2018, for development of the Lindfield Village Hub.

2. That Council confirm its requirements for the development of Lindfield Village Hub in a meeting of Council prior to the release of the EOI.

3. That Council does not consider any Unsolicited Proposal (USP) during the competitive tender process being undertaken for the Lindfield Village Hub.

GB.5 Save Marian Street Theatre Committee - Fundraising Feasibility Study and Business Plan 99

File: S10577/3

To provide Councillors with the Fundraising Feasibility Study and Business Plan developed by the Save Marian Street Theatre Committee (SMSTC).

Recommendation:

That, given Council has recently resolved to include the renewal of the Marian Street Theatre in the Long Term Financial Plan, Council receives and notes the 3 year SMST fundraising campaign, and Council staff continue to work with the SMSTC and the community, in developing plans for the refurbishment and future management of the Marian Street Theatre. This report also recommends that Council acknowledge the significant work undertaken to date by the SMSTC.

GB.6 Investment Report as at 31 May 2018 108

File: S05273

To present Council’s investment portfolio performance for May 2018.

Recommendation:

That the summary of investments performance for May 2018 be received and noted; and that the Certificate of the Responsible Accounting Officer be noted and report adopted.

GB.7 Delegation of authority to determine modification applications that are presently required to be determined by the Ku-ring-gai Independent Hearing and Assessment Panel (IHAP) 115

File: S11736

To obtain Council’s delegation of authority for the General Manager to determine modification applications that are presently required to be determined by the Ku-ring-gai IHAP.

Recommendation:

That Council authorises the delegation of authority for the General Manager to determine modification applications that are presently required to be determined by the Ku-ring-gai IHAP.

GB.8 Havilah Lane Lindfield - 51, 55 and 55A Lindfield Avenue Lindfield - Draft Voluntary Planning Agreement - Exhibition Report 120

File: S11436

To seek Council’s endorsement for the statutory exhibition of a draft Planning Agreement to enable land dedication for the widening of Havilah Lane in Lindfield.

Recommendation:

That the draft Planning Agreement (VPA) be placed on statutory public exhibition and reported back to Council after the close of the exhibition.

GB.9 Blackbutt Creek Floodplain Risk Management Study and Plan - Public Exhibition Submission Review 128

File: S09478

To review the submissions received as a result of the Draft Blackbutt Creek Floodplain Risk Management Study and Plan public exhibition and endorse the updated Study and Plan.

Recommendation:

That Council adopts the Blackbutt Creek Floodplain Risk Management Study and Plan, with the amendments and corrections detailed in this report.

GB.10 Gordon Public Realm Reference Committee 138

File: S10078

To have Council consider the establishment of the Gordon Public Realm Reference Committee.

Recommendation:

That the Gordon Public Realm Reference Committee be established.

GB.11 Consideration of submissions on the draft Heritage Conservation Areas: Athol Conservation Area, Lanosa Conservation Area, Mona Vale Road Conservation Area, Pymble Heights Conservation Area and Fern Walk Conservation Area 143

File: S11437

For Council to consider the submissions received during the public exhibition of the Planning Proposal to include several new and extended heritage conservation areas being Athol Conservation Area, Lanosa Conservation Area, Mona Vale Road Conservation Area, Pymble Heights Conservation Area and Fern Walk Conservation Area in the Ku-ring-gai Local Environmental Plan 2015 (KLEP 2015) and the Ku-ring-gai Local Environmental Plan (Local Centres) 2012 (KLEP LC 2012).

Recommendation:

That Council proceeds with a heritage listing for the amended Athol Conservation Area. The Lanosa, Mona Vale Road, Pymble Heights and Fern Walk Conservation Areas are not recommended to proceed

Extra Reports Circulated to Meeting

BUSINESS WITHOUT NOTICE – SUBJECT TO CLAUSE 241 OF GENERAL REGULATIONS

Questions Without Notice

Inspections Committee – SETTING OF TIME, DATE AND RENDEZVOUS

Confidential Business to be dealt with in Closed Meeting

C.1 Facilitation of the General Managers Performance Review

File: S11192-1

In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in sections 10A(2)(a) & 10A(2)(d)(i), of the Act, and should be dealt with in a part of the meeting closed to the public.

Section 10A(2)(a) of the Act permits the meeting to be closed to the public for business relating to personnel matters concerning particular individuals (other than Councillors).

Section 10A(2)(d) of the Act permits the meeting to be closed to the public for business relating to commercial information of a confidential nature that would, if disclosed:

(i) prejudice the commercial position of the person who supplied it, or

(ii) confer a commercial advantage on a competitor of Council, or

(iii) reveal a trade secret.

It is not in the public interest to reveal details of these tenders or the assessment process. Tenderers have provided sensitive information about their operations in the confidence that their details will not be made public by Council. The practice of publication of sensitive information provided by tenderers could result in the withholding of such information by tenderers and reduction in the provision of information relevant to Council’s decision.

Report by Director Corporate

John McKee

General Manager

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Minute Ku-ring-gai Council Page

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 12 June 2018

Present:

The Mayor, Councillor J Anderson (Chairperson)

Councillors J Pettett & C Clarke (Comenarra Ward)

Councillors C Szatow & P Kelly (Gordon Ward)

Councillors S Ngai (Roseville Ward)

Councillors D Citer & M Smith (St Ives Ward)

Councillors D Greenfield & C Spencer (Wahroonga Ward)

Staff Present:

General Manager (John McKee)

Director Corporate (David Marshall)

Director Development & Regulation (Michael Miocic)

Director Operations (George Bounassif)

Director Strategy & Environment (Andrew Watson)

Director Community (Janice Bevan)

Manager Urban & Heritage Planning (Antony Fabbro)

Corporate Lawyer (Jamie Taylor)

Manager Records and Governance (Amber Moloney)

Minutes Secretary (Sigrid Banzer)

The Meeting commenced at 7:00 pm

The Mayor offered the Prayer

DECLARATIONS OF INTEREST

The Mayor adverted to the necessity for Councillors and staff to declare a Pecuniary Interest/Conflict of Interest in any item on the Business Paper.

Councillor Ngai declared a significant non-pecuniary conflict of interest in respect to item GB.9 – Gordon Recreation Ground Landscape Masterplan - Post-exhibition Report because he made a submission during the exhibition period. Councillor Ngai withdrew from the Chamber taking no part in the debate.

145

Confirmation of Reports to be Considered in Closed Council

File: S02131

Resolved:

(Moved: Councillors Greenfield/Smith)

GB.10 RFT11-2018 Quarry Stabilisation - Bicentennial Park Golden Grove

Attachment A1: Tenders received

Attachment A2: Tender Evaluation Panel's assessment

Attachment A3: Equifax Australasia Credit Ratings assessment

The above attachments are considered confidential because they would reveal a trade secret, in accordance with Section 10A(2)(d)(iii).

CARRIED UNANIMOUSLY

Address the Council

The following members of the public addressed Council on items not on the agenda:

J Harwood Action Research

G Hosier Lindfield Green Development

DOCUMENTS CIRCULATED TO COUNCILLORS

The Mayor adverted to the documents circulated in the Councillors’ papers and advised that the following matters would be dealt with at the appropriate time during the meeting:

Councillors Information:

Road Naming - Jemimas Place - Proposed new road off Miowera Road, North Turramurra

Memorandum from Director Operations dated 1 June 2018 in relation to a new road and its proposed road name.

CONFIRMATION OF MINUTEs

146

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 22 May 2018

Minutes numbered 124 to 144

Resolved:

(Moved: Councillors Citer/Szatow)

That Minutes numbered 124 to 144 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

Recommendations from Committee

Ku-ring-gai Traffic Committee

File: CY00022/10

Vide: RC.1

Meeting held 18 May 2018

Minutes numbered KTC01 to KTC08.

147

General Matter - Resident Permit Parking

File: S04515

Vide Minute No KTC01

To consider the feasibility of introducing resident permit parking throughout the Ku-ring-gai Council LGA.

Resolved:

(Moved: Councillors Clarke/Spencer)

That Councillor Kelly lead a team supported by Representative for the Member of Davidson and Council’s Strategic Traffic Engineer to engage discussion with Hornsby Council on the proposed resident permit parking scheme and report back to the Committee.

CARRIED UNANIMOUSLY

148

General Matter - South Warrawee Traffic Issues

File: TM12/10

Ward: Comenarra

Electorate: Ku-ring-gai

Vide Minute No KTC02

To inform the Committee of traffic issues in the south Warrawee area, actions taken to date and responses to suggestions that have been put forward by residents.

Resolved:

(Moved: Councillors Clarke/Spencer)

A. That Council not support the closure of Rothwell Road at Roland Avenue.

B. That Council investigate traffic speeds in Roland Avenue in the straight section, south of Fox valley Road, and recommend appropriate measures, if required.

C. That Council note that rumble bars have already been approved on the bend in Roland Avenue, north of Mildred Street.

D. That Council not support the introduction of ‘Stop’ controls at the intersections of Roland Avenue at Mildred Street/Berilda Avenue/Monteith Street/Rothwell Road.

E. That Council not support the introduction of one-way traffic flow in Rothwell Road between Roland Avenue and Finlay Road.

F. That Mr Francis Ricketts of Warrawee be informed of Council’s decision.

CARRIED UNANIMOUSLY

149

Lucinda Avenue, Wahroonga

File: TM11/10

Ward: Comenarra

Electorate: Ku-ring-gai

Vide Minute No KTC04

To inform the Traffic Committee of an issue at the intersection of Lucinda Avenue and the Pacific Highway, Wahroonga, actions taken to date and proposed further action.

Resolved:

(Moved: Councillors Clarke/Spencer)

A. That RMS be asked to install rubber flaps or flexible bollards along the unbroken lane lines separating westbound traffic lanes on the southern side of the Pacific Highway, as shown in Attachment 1.

B. That RMS be asked to determine whether its Traffic Emergency Patrol vehicles should continue to be allowed to cross over the solid lane line from Lucinda Avenue into the M1 on-ramp.

C. That the current white-on-green direction sign on the western side of Lucinda Avenue, directing Lucinda Avenue traffic to cross over the M1 and access the M1 via the Pennant Hills Road on-ramp, be replaced by a white-on-green direction sign with a left chevron, stating “To M1 Pacific Motorway Newcastle”.

D. That Council ask NSW Police and RMS to monitor traffic turning left out of Lucinda Avenue, to determine whether the recommended changes have been effective in directing traffic from Lucinda Avenue onto the M1 via Pennant Hills Road. Also that Council monitor the extent to which the recommended changes reduce queueing back from the Highway in Lucinda Avenue at peak times.

CARRIED UNANIMOUSLY

150

The Chase Road, Turramurra

File: TM10/10

Ward: Wahroonga

Electorate: Ku-ring-gai

Vide Minute No KTC05

Provide greater safety for pedestrians on The Chase Road, Turramurra.

Resolved:

(Moved: Councillors Clarke/Spencer)

A. That the construction of a footpath along the northern side of The Chase Road, between property No.20 and Eastern Road, be added to Council’s footpath priority list.

B. That Council not consider additional traffic calming measures in The Chase Road towards its western end.

CARRIED UNANIMOUSLY

151

Turuga Street, Turramurra

File: TM10/10

Ward: Wahroonga

Electorate: Ku-ring-gai

Vide Minute No KTC06

To consider the installation of ‘4P 8.30am-6pm Mon-Fri’ restrictions.

Resolved:

(Moved: Councillors Clarke/Spencer)

A. That ‘4P 8.30am-6pm Mon-Fri’ and ‘No Parking’ restrictions be installed in Turuga Street as shown on Plan No. Turuga/KTC/05/18.

B. That Council’s Team Leader Regulation be informed of Council’s decision.

CARRIED UNANIMOUSLY

152

Cowan Road, St Ives

File: TM9/10

Ward: St Ives

Electorate: Davidson

Vide Minute No KTC07

To consider whether the installation of a ‘No Parking’ zone outside No. 50 Cowan Road, St Ives, in order to improve the visibility of approaching traffic when exiting the property, could or should be approved as an acceptable departure from Council’s ‘Traffic and Transport Policy’.

Resolved:

(Moved: Councillors Clarke/Spencer)

That Council introduce full time no parking restrictions outside No. 50 Cowan Road, St Ives, as shown in Plan No. Cowan/TDA/202/17 (Sheet 2 of 2), in order to improve traffic visibility when exiting the property.

CARRIED UNANIMOUSLY

153

Horace Street, Link Road and Stanley Street, St Ives

File: TM9/10

Ward: St Ives

Electorate: Davidson

Vide Minute No KTC08

To advise on progress in addressing complaints about pedestrian safety at and near the intersection of Horace Street, Link Road and Stanley Street, St Ives.

Resolved:

(Moved: Councillors Clarke/Spencer)

That the results of the traffic study be reported back to Traffic Committee.

CARRIED UNANIMOUSLY

154

The Comenarra Parkway, Wahroonga

File: TM11/10

Ward: Wahroonga

Electorate: Ku-ring-gai

Vide Minute No KTC03

To consider the feasibility of constructing a roundabout at the intersection of The Comenarra Parkway and Browns Road, Wahroonga.

Resolved:

(Moved: Councillors Clarke/Spencer)

That Council not accept the Committee’s recommendation.

For the Resolution: The Mayor, Councillor Anderson, Councillors Clarke, Spencer, Greenfield, Citer, Kelly and Szatow

Against the Resolution: Councillors Ngai, Pettett and Smith

The Committee’s recommendation was:

That Council carry out modelling of the intersection at The Comenarra Parkway and Browns Road to determine a feasibility of constructing a roundabout, and a report be referred back to the Traffic Committee for its consideration.

GENERAL BUSINESS

155

Proposed Amendments to NSROC Constitution

File: CY00429/6

Vide: GB.1

To inform Councillors of a Notice of Special Resolution from Northern Sydney Regional Organisation of Councils (NSROC), proposing an amendment of the NSROC constitution.

Resolved:

(Moved: Councillors Citer/Spencer)

That Council endorse the proposed amendment to the Constitution of the Northern Sydney Regional Organisation of Councils/NSROC Constitution, and direct its representatives on the NSROC Board to support this decision at the NSROC Board meeting called to consider this matter.

CARRIED UNANIMOUSLY

156

Fight on the Beaches Christmas in July Charity Ball 2018

File: CY00043/10

Vide: GB.2

To inform Councillors of an invitation from Fight on the Beaches to attend a Christmas in July Charity Ball which will be held on Friday 27 July 2018 at Miramare Gardens, Terry Hills.

Resolved:

(Moved: Councillors Citer/Spencer)

A. That Council resolve to purchase tickets to the 2018 Fight on the Beaches Christmas in July Charity Ball.

B. That any interested Councillors notify the General Manager of their intention to attend.

CARRIED UNANIMOUSLY

157

Mayor and Councillor Fees - 2018/2019 Local Government Remuneration Tribunal Report and Determination

File: S11705

Vide: GB.3

To determine the Mayor and Councillor fees for the 2018/19 financial year.

Resolved:

(Moved: Councillors Citer/Clarke)

That effective 1 July 2018:

A. the annual Councillor fee be set at $25,160; and

B. the annual Mayoral fee to be set at $66,860 in addition to the Councillor fee.

For the Resolution: The Mayor, Councillor Anderson, Councillors Ngai, Clarke, Spencer, Greenfield, Citer, Smith, Kelly and Szatow

Against the Resolution: Councillor Pettett

158

Audit and Risk Committee Member Fees

File: S04589

Vide: GB.4

To review the fees paid to members of the Audit and Risk Committee.

Resolved:

(Moved: Councillors Citer/Ngai)

A. That the fees for the Ku-ring-gai Audit and Risk Committee be set at $1,000 (plus gst) per meeting for the Independent Member and $1,200 (plus gst) per meeting for the Independent Chair. The fees are inclusive of all preparation, travel, out of pocket expenses and attendance at the meeting itself.

B. That the fees take effect from the first meeting held in 2018.

C. That the fees be automatically increased in the future by the percentage determined by the Local Government Remuneration Tribunal for Ku-ring-gai Council, with the first increase effective from 1 July 2019.

CARRIED UNANIMOUSLY

159

Creation of easement over council land - Turramurra

File: CY00066/10

Vide: GB.5

To obtain Council approval to create an easement on Council land for stormwater drainage purposes required by the adjoining land held by the State of New South Wales (vested in the Minister of Disability Services) at 2 Buckra Street, Turramurra (Lot 35 DP35369).

Resolved:

(Moved: Councillors Citer/Clarke)

A. That the General Manager or his delegate be authorised to negotiate Council’s requirements, including location and compensation for the creation of the easement over Council’s land at (Lot 29 DP35369).

B. That Council approves the creation of an easement at Lot 29 (DP35369) to benefit the adjoining property at 2 Buckra Street, Turramurra (Lot 35 DP35369).

C. That the Mayor and General Manager be delegated authority to execute all documentation associated with the easement, including signing plans, administration sheets etc. and to affix Council’s Seal, if required.

CARRIED UNANIMOUSLY

160

Local Environmental Plan Review funding for Sydney Councils

File: CY00349/8

Vide: GB.6

To have Council consider an application for the Local Environmental Plan Review funding from the NSW Department of Planning & Environment.

Resolved:

(Moved: Councillors Citer/Greenfield)

That Council applies for funding from the Department of Planning and Environment to accelerate the development of its housing strategy and review of the local environment plans to give effect to the North District Plan.

CARRIED UNANIMOUSLY

Councillor Ngai withdrew during discussion

161

Gordon Recreation Ground Landscape Masterplan - Post-exhibition Report

File: S11028

Vide: GB.9

To seek Council’s adoption of the Gordon Recreation Ground Landscape Masterplan.

Resolved:

(Moved: Councillors Citer/Pettett)

A. That Council adopts the Gordon Recreation Ground Landscape Masterplan to guide embellishment and development of the park over the next 10 years.

B. That drainage investigations be brought forward to determine the likely extent of required drainage works, and that programming of the drainage upgrade be adjusted if required to facilitate the implementation of the Landscape Masterplan works.

C. That identified higher and medium priority works are developed for tender and implementation.

D. That Council authorises the General Manager to allow minor changes to the Landscape Masterplan during the design development process where budget or other constraints warrant amendments.

E. That funding for the balance of identified capital works be added to Council’s Delivery Program and Operational Plan to enable progressive implementation of the Gordon Recreation Ground Landscape Masterplan.

F. That people who commented on the Landscape Masterplan be advised of Council’s decision.

CARRIED UNANIMOUSLY by those present

Councillor Ngai returned

162

RFT11-2018 Quarry Stabilisation - Bicentennial Park Golden Grove

File: S11726

Vide: GB.10

To consider the tenders received for the quarry stabilisation of Bicentennial Park, and appoint the preferred tenderer.

Resolved:

(Moved: Councillors Citer/Clarke)

A. That Council accept the recommendation detailed in the confidential Attachment 1, for the quarry stabilisation works Bicentennial Park Golden Grove, corner of Lofberg Road and Yanko Road, West Pymble NSW 2073.

B. That the Mayor and General Manager be delegated authority to execute all tender documents on Council’s behalf in relation to the contract.

C. That the Seal of Council be affixed to all necessary documents.

D. That all tenderers be advised of Council’s decision in accordance with Clause 178 of the Local Government Tendering Regulation.

CARRIED UNANIMOUSLY

Councillor Szatow withdrew during discussion

Councillor Szatow returned

Councillors Ngai and Spencer withdrew during discussion

Councillor Ngai returned

Councillor Smith withdrew during discussion

Councillor Spencer returned

Councillor Smith returned

Councillors Szatow and Citer withdrew during discussion

Councillor Citer returned

Councillor Szatow returned

Councillors Greenfield and Spencer withdrew during discussion

Councillor Spencer returned

Councillor Greenfield returned

Councillor Pettett withdrew during discussion

Councillor Pettett returned

Councillor Ngai withdrew during discussion

Councillor Ngai returned

Councillor Spencer withdrew during discussion

Councillor Spencer returned

Consideration of submissions on the draft Heritage Conservation Areas: Telegraph Road, Gilroy Road, Mahratta and Hillview

File: S11437

Vide: GB.7

The following members of the public addressed Council on this item:

J Philipps

S Hill

Y Qian

R White

S Mackay

W Oun

D Zhou

J Coward

S Preston

M Hayes

A Caswell

J Caswell

A Futran

G Lomis-Futran

S Crockford

J Kitson

G P Singh

J Harwood

G Gambhir

G Tabuteau

B Lucas

M Robertson

For Council to consider the submissions received during the public exhibition of the Planning Proposal to include several new and extended heritage conservation areas being Telegraph Road Conservation Area, Gilroy Road Conservation Area, Mahratta Conservation Area and Hillview Conservation Area in the Ku-ring-gai Local Environmental Plan 2015 (KLEP 2015) and the Ku-ring-gai Local Environmental Plan (Local Centres) 2012 (KLEP LC 2012).

A procedural motion moved by Councillors Citer and Spencer
that voting on each of the
proposed Heritage Conservation Areas in the motion for item GB.7

be carried out seriatim was CARRIED UNANIMOUSLY.

163

Consideration of submissions on the draft Heritage Conservation Areas: Telegraph Road, Gilroy Road, Mahratta and Hillview

File: S11437

Vide: GB.7

Resolved:

(Moved: Councillors Szatow/Kelly)

That Council resolves to adopt the Planning Proposal to list the Telegraph Road Heritage Conservation Area as statutorily exhibited during the period 15/09/2017 – 23/10/2017.

CARRIED UNANIMOUSLY

164

Consideration of submissions on the draft Heritage Conservation Areas: Telegraph Road, Gilroy Road, Mahratta and Hillview

File: S11437

Vide: GB.7

Resolved:

(Moved: Councillors Szatow/Kelly)

That Council resolves to adopt the Planning Proposal to list the Gilroy Road Heritage Conservation Area as identified in Attachment A7 in schedule 15 and the heritage map of the Ku-ring-gai Local Environmental Plan 2015 and the Ku-ring-gai Local Environmental Plan (Local Centres) 2012.

For the Resolution: The Mayor, Councillor Anderson, Councillors Greenfield, Smith and Szatow

Against the Resolution: Councillors Ngai, Pettett, Clarke, Spencer, Citer and Kelly

No decision was taken in respect of the above matter as

the Motion when put to the vote was LOST

165

Consideration of submissions on the draft Heritage Conservation Areas: Telegraph Road, Gilroy Road, Mahratta and Hillview

File: S11437

Vide: GB.7

Resolved:

(Moved: Councillors Szatow/Kelly)

That Council resolves to adopt the Planning Proposal to list the Mahratta Heritage Conservation Area as identified in Attachment A7 in schedule 15 and the heritage map of the Ku-ring-gai Local Environmental Plan 2015 and the Ku-ring-gai Local Environmental Plan (Local Centres) 2012.

For the Resolution: The Mayor, Councillor Anderson, Councillors Greenfield, Smith and Szatow

Against the Resolution: Councillors Ngai, Pettett, Clarke, Spencer, Citer and Kelly

No decision was taken in respect of the above matter as

the Motion when put to the vote was LOST

166

Consideration of submissions on the draft Heritage Conservation Areas: Telegraph Road, Gilroy Road, Mahratta and Hillview

File: S11437

Vide: GB.7

Resolved:

(Moved: Councillors Szatow/Kelly)

That Council resolves to adopt the Planning Proposal to list the Hillview Heritage Conservation Area as statutorily exhibited during the period 15/09/2017 – 23/10/2017.

For the Resolution: The Mayor, Councillor Anderson, Councillors Ngai, Pettett, Spencer, Greenfield, Citer, Smith, Kelly and Szatow

Against the Resolution: Councillor Clarke

167

Consideration of submissions on the draft Heritage Conservation Areas: Telegraph Road, Gilroy Road, Mahratta and Hillview

File: S11437

Vide: GB.7

Resolved:

(Moved: Councillors Szatow/Kelly)

A. That Council, using its delegated authority, proceeds to make the Plan under Section 3.36(2) of the Environmental Planning & Assessment Act 1979.

B. That those who made a submission be notified of Council’s resolution.

CARRIED UNANIMOUSLY

168

Putarri Reserve - Park and Playground Upgrade

File: S11629

Vide: GB.8

To seek Council’s endorsement of the concept design plan for the park upgrade at Putarri Reserve, St Ives and proceed with design development and the preparation of construction documentation for public tender.

Resolved:

(Moved: Councillors Citer/Clarke)

A. That Council endorses the final concept design for the park upgrade at Putarri Reserve, St Ives;

B. That staff proceed with design development and the preparation of construction documentation including detailed plans, cost estimates and specifications for public tender;

C. That Council authorises the General Manager to allow minor changes to the concept plan during the design development process where budget or other constraints warrant amendments;

D. That any increased maintenance costs associated with the park upgrade at Putarri Reserve be included in the draft 2019/20 recurrent budget.

CARRIED UNANIMOUSLY

QUESTIONS WITHOUT NOTICE

169

Lighting for the Queen Elizabeth II Tennis Courts in Lindfield

File: S11979

Vide: QN.1

Question Without Notice from Councillor Sam Ngai

The draft Gordon Recreation Ground Masterplan included the conversion of two out of four tennis courts into multi-use courts for netball and basketball, along with court lighting for night time play. These tennis courts are located less than 10m away from high density residential and during the community consultation process, 24 residents complained about potential noise and light pollution. As a result, the multi-use conversion and night lights were removed from the updated Masterplan and this was adopted by Council earlier tonight.

For the Queen Elizabeth II courts in Lindfield, Council’s current proposal is the conversion and lighting of four tennis courts located less than 10m away from residential, and although it is low density residential, sound does travel further due to the open space and absence of train and vehicular background noise. A similar number of residents have raised objections to these court conversions at QE II, so I am wondering whether Council will apply a consistently similar approach when determining the number of court conversions as well as lighting at Lindfield.

Answered by Director Strategy & Environment

The Director Strategy & Environment advised that at this point in time we haven’t done a full assessment of submissions made to the exhibition of the proposed night lighting, but I’m sure we will deal with it in the report back to Council.

170

Public Communication Regarding the Lindfield Village Hub

File: S11931

Vide: QN.2

Question Without Notice from Councillor Sam Ngai

On 23 May 2017, Council voted to not proceed with the PPP process for the Lindfield Village Hub and to instead proceed with procurement and delivery in accordance with Section 55 of the Local Government Act. But when I look at the Council website as well as the various announcements on the topic, there hasn’t been much information over the last 12 months to explain to the public why Councillors believed that taking this approach was in Ku-ring-gai’s best interest.

Obviously as Councillors we have a lot of confidential information, but will there come a time when Council staff and Councillors can speak publicly about the next steps?

Answered by the General Manager

The General Manager advised that the matter will be coming to Council formally on the 26^th. We will be mapping out and asking Council to resolve on the process moving forward with that project. Part of that report will also articulate a community engagement strategy moving forward. The resolution I anticipate, while some information will be in confidential, will be a public resolution and as much information as possible will be disseminated to the public and on the website after that resolution.

171

Printing the Business Paper in Higher Resolution

File: S02499/12

Vide: QN.3

Question Without Notice from Councillor Callum Clarke

Would it be possible to have these documents printed in higher resolution? I’m looking, for example at the map and I can’t read a single thing on that, it’s completely unreadable. It is very frustrating when on the floor of Council I have to adjust things. Would it be possible in the future for business papers to be in higher resolution?

Answered by the General Manager

The General Manager advised that the system we use at present is designed for online reading but can we take that on notice and have a look at how we could perhaps even provide them to Councillors on request, provide them on the screen at meetings, we will have a look at the different ways we can do it.

172

Projecting Parts of the Business Paper on Screen during Council Meetings

File: S02499/12

Vide: QN.4

Question Without Notice from Councillor Donna Greenfield

I’d just be a little bit concerned about the cost of high res because I do the printing cost at work and its extremely – I was just wondering is it possible as the General Manager just suggested to project them up on the screen so if there’s something we can’t see clearly we can just pop it up and everyone can see the same thing at the same time?

Answered by the General Manager

The General Manager advised that we will definitely have a look at that option and make it part of the response to Councillor Clarke’s Question Without Notice.

173

Expediting the Gordon Recreation Ground

File: S11028

Vide: QN.5

Question Without Notice from Councillor Cheryl Szatow

Residents have requested that the work on Gordon Recreation Ground be expedited as they are of the view that there is so little in the way of the recreation grounds in Gordon. If you wouldn’t mind looking into that please, if that’s a possibility, I don’t know if there is a current timeline or not.

Answered by the Director Strategy & Environment

The Director Strategy & Environment advised that there is quite a substantial amount of work proposed to be carried out next financial year. I don’t know whether it aligns with the priorities that were brought to our attention in the last day or so, but I’m sure we can work through those issues.

Councillor Cheryl Szatow

Can we be furnished with a timeline, perhaps?

Director Strategy & Environment

I’ll come back with a detail of what’s included in the draft budget for next financial year and some commentary around whether or not admit the late submission made by the East Gordon Group. But I would have thought that we can certainly come to some accommodation.

The Meeting closed at 9.27 pm

The Minutes of the Ordinary Meeting of Council held on 12 June 2018 (Pages 1 - 18) were confirmed as a full and accurate record of proceedings on 26 June 2018.

__________________________ __________________________

General Manager Mayor / Chairperson

Ordinary Meeting of Council - 26 June 2018	GB.1 / 32

Item GB.1	S11275
	24 April 2018

Draft Community Strategic Plan 2038 - Post Exhibition

EXECUTIVE SUMMARY

purpose of report:	For Council to adopt the exhibited Community Strategic Plan ‘Our Ku ring-gai 2038’ with minor amendments and corrections.

background:	On 8 May 2018, Council considered a report on the draft Community Strategic Plan ‘Our Ku‑ring-gai 2038’. At that meeting Council resolved that the draft Community Strategic Plan ‘Our Ku‑ring-gai 2038’ be placed on public exhibition for a minimum period of 28 days commencing Friday, 11 May 2018.

comments:	The draft Community Strategic Plan and Discussion Paper were exhibited for a period of 29 days from 11 May to 8 June 2018. Five (5) external submissions were received as a result of the exhibition. Following review of those submissions and an internal review amendments and corrections are proposed to the plan.

recommendation:	That pursuant to Section 402 of the Local Government Act, 1993, Council adopts the Community Strategic Plan ‘Our Ku‑ring-gai 2038’ with minor amendments and corrections.

Purpose of Report

For Council to adopt the exhibited Community Strategic Plan ‘Our Ku ring-gai 2038’ with minor amendments and corrections.

Background

On 8 May 2018, Council considered a report on the draft Community Strategic Plan ‘Our Ku‑ring-gai 2038’.

At that meeting Council resolved the following:

A. That the report on the draft Community Strategic Plan ‘Our Ku-ring-gai 2038’, be received and noted.

B. That pursuant to Section 402 of the Local Government Act, 1993, the draft Community Strategic Plan ‘Our Ku-ring-gai 2038’, be endorsed and placed on public exhibition for a minimum period of 28 days commencing Friday, 11 May 2018.

C. That the draft Community Strategic Plan ‘Our Ku-ring-gai 2038’, be forwarded to relevant NSW Government agencies as part of the public exhibition process.

D. That following public exhibition, a further report be submitted to Council for the adoption of the Community Strategic Plan ‘Our Ku-ring-gai 2038’.

Comments

Following local government elections all councils in New South Wales are required under the Local Government Act 1993, to prepare a suite of plans that form the Integrated Planning and Reporting (IP&R) framework. They include the following:

· Community Strategic Plan;

· Resourcing Strategy, and.

· Delivery Program and Operational Plan.

The Community Strategic Plan reflects the long term priorities of the community and provides direction for Council to align its delivery of community policies, programs and services.

Preparation of the draft Community Strategic Plan was guided by the Integrated Planning and Reporting principles and requirements of the Local Government Act, 1993 and addresses relevant information relating to social, environmental , economic and civic leadership issues, responds to social justice principles, and has regard to relevant State, metropolitan and regional plans. The plan meets the requirements of the Office of Local Government’s Integrated Planning & Reporting.

A Discussion Paper, placed on exhibition with the community strategic plan, provided a summary of social and economic trends and community feedback from initial engagement and consultation activities for the Community Strategic Plan.

The structure of the draft CSP includes:

· Six themes that group issues and long term objectives together:

· Issues under each theme that have been generated from key areas of concern or priority identified by the community;

· Long term objectives that describe the desired future state or outcome for each issue;

· Progress indicators that show whether we are heading in the right direction. Progress is measured against desired trends.

integrated planning and reporting

Leadership and Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

L3.1 - The organisation is recognised and distinguished by its ethical decision-making, efficient management, innovation and quality customer service.

L3.1.1 - Council’s integrity and operation effectiveness is continually being improved through its leadership, decision-making and policies.

L3.1.1.1.2 – Prepare Integrated Planning and Reporting documents and complete all statutory reporting required under the Local Government Act and Integrated Planning and Reporting framework.

Governance Matters

Section 402 of the Local Government Act, 1993, requires that each local government area must have a community strategic plan that has been developed and endorsed by the council.

The Act requires a council to place a draft Community Strategic Plan on public exhibition for a period of at least 28 days, to consider submissions received as a result of the exhibition and to adopt the Community Strategic Plan with any amendments before the 30 June 2018.

Risk Management

Council has a statutory obligation to prepare a community strategic plan, and place it on public exhibition, consider feedback, and adopt the plan before the beginning of the financial year.

Financial Considerations

The financial and resource requirements to deliver the aspirations and long term objectives identified in the Community Strategic Plan are detailed in the draft Resourcing Strategy, and draft Delivery Program 2018-2021 and Operational Plan 2018-2019, which were placed on public exhibition concurrently with the draft Community Strategic Plan.

Social Considerations

The Community Strategic Plan sits above all other Council plans and policies. The purpose of the Plan is to identify the community’s vision, long term objectives and priorities for Ku-ring-gai’s future and plan strategies to achieve them.

The plan has been informed by a review of social and economic changes, issues and challenges affecting Ku-ring-gai over the next 10 – 20 years as well as the results of community consultation and engagement.

The Plan has also been developed to reflect social justice principles and to address the quadruple bottom line social, economic, environment and civic leadership issues.

Environmental Considerations

Development of the Community Strategic Plan has been informed by the very high value that the Ku-ring-gai community places on the local natural environment. This high value has been reaffirmed through community research, engagement and consultation undertaken over the past 18 months.

Community Consultation

The Community Strategic Plan and Discussion Paper were publicly exhibited from 11 May – 8 June 2018. Copies of the exhibition documents were made available at Council’s Customer Service Centre at Chambers and Council’s four (4) libraries as well as being available on Council’s website.

Community engagement and consultation for the review and development of the draft Community Strategic Plan has been guided by a Community Engagement Strategy, presented to Council in October 2017.

Notification of the exhibition included a local newspaper advertisement within Council’s dedicated corporate advertisement section as well as information on Council’s website homepage with direct links to a dedicated page explaining the exhibition and documents. The following table provides a summary of the advertising and notifications undertaken as part of the exhibition of the draft Community Strategic Plan and other integrated planning documents which were concurrently exhibited and are reported elsewhere on this Agenda.

Action	Stakeholders	Details
Newspaper advertisement	All stakeholders	North Shore Times – information on exhibition details and how to comment
Digital advertising	All stakeholders	North Shore Times and Newscorp – advertising via mobile devices and personal computers for the duration of the exhibition period
Council website	All stakeholders	Exhibition information, copies of exhibition plans and online submission form
Council libraries and customer service centre	All stakeholders	Hard copies of all plans available
Council E-news	Subscribed stakeholders	Informing stakeholders of exhibition and how to comment
Social media – Facebook, twitter, Instagram and LinkedIn	Subscribed stakeholders	Informing stakeholders of exhibition and how to comment
Digital signage	All stakeholders	Customer Service Bus shelters Informing stakeholders of exhibition and how to comment
Email, phone, brochure or letter notifications – direct to residents	2017 Ward community planning workshop registrants	260
	Seniors programs participants	188
	Residents requiring assistance	Libraribus - 70 people using the Home Library Service ; 154 registered users; 72 institutions
Email notifications – community organisations and groups	Sporting organisations	110
	Environmental organisations and groups	10
	Youth organisations	Posted on Hornsby Ku-ring-gai Youth network (HKYN0 and emailed to 3 youth development agencies - for advertising to users of these services
	Non- government organisations and service providers	14
	Council child care - Thomas Carlyle Centre, Vacation Care and Family Day Care	Distributed to all users of these services
	Disability service organisations and groups	89
	Community organisations and groups - other	381
	Volunteer groups and contacts	78
Email notifications and e-news – business	Local businesses	689
Translated brochures	CALD groups - Korean, Simplified Chinese and Traditional Chinese languages	300 brochures distributed to library and customer service centre
Email notifications	Government departments and agencies	77 - groups or contacts
	Council Committees	4
Letter notifications	Federal and State Local Members	3

Submission	Issues raised
1. NSW State Library	· Supports the new libraries featured in the masterplans for the Lindfield and Turramurra Centres in the context of previous reviews of the Ku-ring-gai library service on behalf of Council which highlighted the need for library building renewal for the branch libraries at Turramurra, Lindfield and St Ives. · Advised that the Ku-ring-gai library service is one of the best performing public libraries in NSW in terms of visitation and collection usage. · Requests that the State Library of NSW be added to the Community Strategic Plan as a plan stakeholder, on the basis that it is a partner and funder of public libraries state-wide. · Encourages Council to more clearly articulate the role of the Ku-ring-gai library service as a key contributor to outcomes in the plan under Themes 1 and 3. · Offers assistance with advice on the design, layout and size of the new libraries, provided free of charge as part of the Library’s role under the Library Act.
Response · Design and funding opportunities The State Library’s offer of services is noted. Council has previously utilised the services of the State Library in matters of design, space planning and benchmarking for its library services. These services are available to help design and plan future library spaces for Ku-ring-gai at no cost. Funding opportunities from the State Library are pursued in the way of infrastructure grants for new builds as well as refurbishments and new collections and programs, as they are available. Council officers also take advantage of training offered on a regular basis as well as networking for specialist collections and services. It is noted that the State Library is in the process of updating the People Places document, which will be available later this year. The current document is a valuable tool for library professional use in planning and designing modern libraries and spaces for library communities. · Community Strategic Plan stakeholder The State Library’s request to be added as a plan stakeholder is reasonable. It is recommended that the library be added as a stakeholder to the Issues “Community health and wellbeing” and “Cultural diversity and creativity” on page 27 under Theme 1 - Community People and Culture. · Role of the Ku-ring-gai Library Service The Community Strategic Plan is a high level strategic policy document for the whole of the Ku-ring-gai local government area, and as such, does not include details of particular services. These are more appropriately addressed through term achievements, tasks, projects and performance indicators contained within the Delivery Program and Operational Plan. Recommendation The NSW State Library to be advised in terms of the response above.
Submission			Issues raised
2. Northern Sydney Local Health District			· Seeks to ensure that the built environment has an overall positive impact on the health and wellbeing of individuals and the wider community. · Commends Council’s identification of key issues under the Themes 1, 3 and 4 of the Community Strategic Plan. · Encourages the address of the following matters in future strategic land-use planning for Ku-ring-gai: o Strategic planning for the provision of social infrastructure o A comprehensive plan for creation of well- connected public transport and pedestrian networks o Increasing medium density and mixed use developments that include retail, residential that are well connected to public transport and pedestrian and cycle pathways o Integrated master plans for the upgrade of sport and recreational spaces to accommodate multiple users of open space included recreational users o Open space and community facilities are well connected to bus, rail, pedestrian and cycle ways o Ensuring that open space and community facilities are distributed equitable across the area o Including potential health benefits as part of measuring quality urban design outcomes such as reducing travel times to shops and increasing social connectedness o Establishing delivery outcome measures beyond resident satisfaction surveys o Developing and delivering a comprehensive transport strategy including a public transport plan, pedestrian access and mobility plan, bike plan and road safety plan o Increasing cycling opportunities through a bike plan and increased public transport access.
Response The matters raised in the submission are noted. Many of the matters are already addressed in Council’s current policies and plans or are in the process of being planned and implemented. For example, through Council’s Activate Ku-ring-gai program, which will achieve mixed development and community facilities accessible to transport hubs. The Greater Sydney Commission’s recent North District Plan will require Council to undertake extensive land use investigations including housing, traffic and transport, community facilities, open space, office and retail development leading to the preparation of new planning controls for the area over the next 2 – 3 years. This work will also address the matters raised in the submission. Recommendation The Northern Sydney Local Health District to be advised in terms of the response above.
Submission			Issues raised
3. North Sydney Innovation Network			Advocating that Council considers the potential positive impacts of technology and innovation in the Ku-ring-gai local government area and seeks consideration of seven policy priorities in the Community Strategic Plan as follows: 1. Free, accessible and good quality public WiFi. 2. Smart cities: integrating the Internet of Things (IoT) into public infrastructure. 3. Open data across community services and utilities. 4. Promoting and creating flexible work “collaboration areas”. 5. Preparing for drones in our communities. 6. Preparing for autonomous vehicles in our communities. 7. Actively boosting STEM involvement at all levels of education.
Responses 1. Free, accessible and good quality public WiFi 2. Smart cities: integrating the Internet of Things (IoT) into public infrastructure Council’s library services currently provide free and accessible WIFi at all branches. While there is a daily limit per user log in at each library the service operates with good customer satisfaction. As part of the Activate Ku-ring-gai program for local centres Council officers are investigating innovative ways of running our community hub buildings in Lindfield and Turramurra using technology to drive a new type of service model. Developments in the Activate Ku-ring-gai program will also need to ensure that utility planning for internet capability occurs at early stages. 3. Open data across community services and utilities Similar to other local government authorities, Council makes a significant amount of information and data on local services and facilities available to the public via its website and through the NSW government sponsored websites. This includes land use plans and data on Council’s services and operations. It is anticipated that the availability of data across and between government services and utilities will continue to expand. 4. Promoting and creating flexible work “collaboration areas” Council’s Gordon library is a successful example of how flexible areas for study, meetings and recreational activities can operate within a public facility. Council’s proposed new libraries in Lindfield and Turramurra will be able to provide similar flexible areas. Council officers are investigating design opportunities for flexible work and collaboration areas for Council’s community hub buildings and other shared public spaces in Lindfield and Turramurra as part of the Activate Ku-ring-gai program. 5. Preparing for drones in our communities Planning for the use of drones will include other levels of government and, apart from specific uses, is still at early stages of development. 6. Actively boosting STEM involvement at all levels of education The Ku-ring-gai population and workforce is well placed to support and take advantage of the opportunities available through STEM education. Data from the 2016 ABS Census shows that: o 47.9% of the population aged 15 or over have a bachelor or higher degree, compared to 28.3% for Greater Sydney o 17% of total employed residents (15+years) are employed in Professional, Scientific and Technical services; 9% in Education and Training and 13.1% in Health Care and Social Assistance. Ku-ring-gai’s education sector, both public and private, achieves high academic results from STEM education. 7. Preparing for autonomous vehicles in our communities Worldwide, planning for autonomous vehicles (AV) is still an area of early work and research. Some city planners and urban designers suggest that good outcomes could result from a fleet of shared autonomous vehicles that operate for the public benefit. However privately owned AVs (which is the likely outcome), would have limited areas to park. A large increase in privately-owned single occupant autonomous vehicles could also likely increase traffic congestion substantially. In terms of implications for the Community Strategic Plan, no direct work in preparing for autonomous vehicles has been done, although indirectly, the work being done in urban planning seeks to provide more walkable and bicycle friendly environments by reallocating road space from kerbside parking to other uses (widened footpath, separated cycleways) to maintain access for more efficient modes of transport. Council’s Development Control Plans also seek to minimise the provision of parking (particularly around transport hubs) to potentially reduce the amount of redundant parking in basements in the future. Recommendation The North Sydney Innovation Network to be advised in terms of the response above.
Submission		Issues raised
4. Resident		· There are no major shopping centres in Ku-ring-gai. · Ku-ring-gai needs widened and improved roads to address traffic congestion so that residents can access all parts of the area, particularly the Comenarra and Eastern Arterial Roads. · Ku-ring-gai needs improved footpaths and kerb and guttering. · Bushland conservation and the preservation of street trees has resulted in dangerous footpaths and inadequate drop off zones for some schools.
Response · There are no major shopping centres in Ku-ring-gai Ku-ring-gai has a number of local centres providing important weekly shopping and other commercial and medical services to residents. Under the Greater Sydney Commission’s North District Plan there are no plans to expand these centres to a major shopping centre as there are three currently available in relative proximity at Hornsby, Macquarie Park and Chatswood. These centres are accessible by both train and bus services. · Ku-ring-gai needs widened and improved roads to address traffic congestion so that residents can access all parts of the area, particularly the Comenarra and Eastern Arterial Roads Council expenditure on improving local roads in Ku-ring-gai has significantly increased over the past 4-5 years with $35.6million expended between 2013 – 2017. The Comenarra Parkway and Eastern Arterial Roads are designated regional roads that traverse through developed and natural areas. Any widening of these roads would incur major costs and have significant environmental impacts. There are no plans to undertake this work in the foreseeable future. · Ku-ring-gai needs improved footpaths and kerb and guttering Council expenditure on new and upgraded footpaths has significantly increased over the past 4-5 years with $2.7million expended between 2013 – 2017. Concerns regarding trip hazards or trees at specific locations can be referred to appropriate Council officers for review. · Bushland conservation and the preservation of street trees has resulted in dangerous footpaths and inadequate drop off zones for some schools. Council prunes trees, collects fallen trees/branches, and removes dead or dangerous trees/branches in accordance with Council's Tree Management Policy. A tree maintenance request is required for Council to consider the removal or pruning of trees on Council managed land (including footpaths, roads and reserves). Council’s Biodiversity Policy includes a statement on Council’s position in relation to acquiring vegetation reserves. Recommendation · The resident to be advised in terms of the response above. · The resident be invited to discuss specific concerns regarding trip hazards and trees with Council officers for review.
Submission				Issues raised
5. Resident				· Recognition of the historical significance of Hillview area, Turramurra. · Questions whether Council can effectively plan for three local centre projects concurrently at Gordon, Lindfield and Turramurra, particularly planning for their different characters. · Responding to future dwelling targets when Ku-ring-gai has already delivered a significant number of the original government target to 2036. · Natural environment issues – various.
Response · Recognition of the historical significance of Hillview area, Turramurra Hillview has the highest level of local heritage protection as it is listed as a local heritage Item under KLEP 2012 (town centres) and is also located within the Hillview Conservation Area. · Questions whether Council can effectively plan for three local centre projects concurrently at Gordon, Lindfield and Turramurra, particularly planning for their different characters Planning for the Ku-ring-gai Local Centres has taken place over several years and is articulated in Council’s KLEP 2012 (Town Centres) and the associated Development Control Plan. Planning for these centres is at different stages. · Responding to future dwelling targets when Ku-ring-gai has already delivered a significant number of the original government target to 2036. Council has responded to the expected growth and priorities under the Greater Sydney Commission/ North District Plan 2018. · Natural environment issues - various o How is Council protecting its biological assets? The following Operational Plan Tasks ensure Council is protecting its biological assets: N2.1.1.1: Implement priority actions in the Ku-ring-gai Bushland Reserves Plan of Management; N2.1.1.2: Implement priority actions in the Biodiversity Policy and implement a biodiversity monitoring program; and N2.1.1.3: Implement priority actions in the Fauna Management Policy and implement the fauna monitoring program. o How is Council attending to energy management to de-carbonise? The following Operational Plan Tasks ensure that Council is attending to energy management to de-carbonise: N4.1.2.2: Implement priority actions in the Climate Change Policy’ (added during public exhibition period), N5.1.2.1: Implement programs to assist the community to reduce energy and water use; and P7.1.1.2 Integrate sustainability and climate resilience measures, incorporating minimum performance standards, into the building upgrade and renewal program. o How are we assessing and protecting biological and natural assets for development and major projects? Council’s Local Environment Plan (LEP) and Development Control Plan (DCP) ensures safeguards are in place to protect biological and natural assets. The operational plan task N2.1.2.1: Continually review and implement guidelines, processes and templates for environmental assessments, also ensures that we are assessing the impact of Council projects on our biological and natural assets. o Is the historic railway corridor recognised in Council’s plans as a remnant biodiversity corridor? The historic railway corridor is currently not recognised within Council’s Greenweb mapping as a biodiversity corridor. o Identification of the LGA’s most defining natural assets Council’s Greenweb mapping identifies areas of conservation significance at an LGA scale. Further categorisation of Council’s managed bushland is conducted through Council’s Bushland Prioritisation Matrix. o Council’s leadership role in ecological sustainability Council develops and reviews a number of environmental / sustainability policies, strategies and policies to address ecological sustainability and global environmental challenges. These include the Biodiversity Policy, Fauna Management Policy, Water Sensitive City Policy, Climate Change Policy, Climate Change Adaptation Policy, Sustainable Event Management Policy, Dumping and Encroachment in Bushland Policy, Corporate Sustainability Action Plan, Contaminated Lands Policy and Bushland Reserves Plan of Management. o Future economy and jobs based around educational research and responses to environment and climate changes Council employs a multi-disciplinary team to fulfil a number of essential service functions for Council, ensuring best practice environmental management. These staff develop and review a range of environmental policies and strategies; respond to federal and state policy directions and legislative changes affecting Ku-ring-gai; provide input into the preparation Council’s land use planning documents; provide expert environmental guidance and advice within Council and to the community; participate in research partnerships; and prepare and review environmental assessments for all Council projects, ensuring that Council’s legislative requirements are met. Recommendation The resident to be advised in terms of the response above.

Internal Consultation

Preparation of the Community Strategic Plan ‘Our Ku‑ring-gai 2038’ was undertaken in consultation with Councillors and all departments across the organisation. Ongoing review by staff and Councillors during the public exhibition period identified no amendments. Minor typographical and formatting errors identified during the exhibition period will be corrected in the final adopted plan along with updated statistics received from government agencies following adoption of the draft plan.

Summary

The Community Strategic Plan ‘Our Ku‑ring-gai 2038’ has been prepared and exhibited in accordance with Section 402 of the Local Government Act,1993 and the Office of Local Government’s Integrated Planning and Reporting Guidelines and Manual.

The plan builds on the previous plan, and reflects the changes that have taken place in community thinking, needs and expectations since adoption of the previous plan.

The minor changes proposed to the plan are not considered to have a substantial or material change to the strategic directions and long term objectives contained in the plan. For these reasons it is recommended that Council adopt the revised document without the need to re-exhibit.

Recommendation:

A. That pursuant to Section 402 of the Local Government Act, 1993, Council adopts the Community Strategic Plan ‘Our Ku‑ring-gai 2038’ with recommendations discussed in this report.

B. B.That Council post a copy of the Community Strategic Plan ‘Our Ku-ring-gai 2038’’ on Council’s website and provide a copy to the Departmental Chief Executive within 28 days of Council’s adoption of the Plan.

C. That Council writes to all residents and groups that made submissions in relation to the draft Community Strategic Plan ‘Our Ku‑ring-gai 2038’ and respond to the authors with the outcomes.

Helen Lowndes

Integrated Planning Co-ordinator

Deborah Silva

Manager Integrated Planning, Property & Assets

Andrew Watson

Director Strategy & Environment

Ordinary Meeting of Council - 26 June 2018	GB.2 / 44

Item GB.2	S11276
	11 April 2018

Draft Resourcing Strategy 2018-2028 - Post Exhibition

EXECUTIVE SUMMARY

purpose of report:	For Council to adopt the exhibited Resourcing Strategy 2018-2028, incorporating the Long Term Financial Plan, Asset Management Strategy and Workforce Management Strategy.

background:	On 8 May 2018, Council considered a report on the Resourcing Strategy 2018-2028 and resolved to place the program and draft plan on public exhibition.

comments:	As required by the integrated planning framework and in order to comply with the legislative reforms Council’s Resourcing Strategy comprises of a Long term Financial Plan, Asset Management Strategy and Workforce Management Strategy.

recommendation:	That Council adopt the Resourcing Strategy 2018-2028, incorporating the Long Term Financial Plan, Asset Management Strategy and Workforce Management Strategy.

Purpose of Report

For Council to adopt the exhibited Resourcing Strategy 2018-2028, incorporating the Long Term Financial Plan, Asset Management Strategy and Workforce Management Strategy.

Background

On 8 May 2018, Council considered a report (GB.2) on the Resourcing Strategy 2018-2028, incorporating the Long Term Financial Plan, Asset Management Strategy and Workforce Management Strategy. At this meeting Council resolved to place the program and draft plan on public exhibition.

This report provides comment to the Resourcing Strategy, arising from the consultation period.

Comments

As required by the integrated planning framework and in order to comply with the legislative reforms Council’s Resourcing Strategy is comprised of the required components which are discussed below.

Long-Term Financial Plan (LTFP)

The first part of the Resourcing Strategy consists of Council’s Long Term Financial Plan (LTFP). The LTFP is Council’s twenty-year financial planning document and the emphasis is on long-term financial sustainability. To align with the guidelines from the Office of Local Government, the Resourcing Strategy and this document outline the Long Term Financial Plan for a period of 10 years. Financial sustainability is one of the key issues facing local government due to several contributing factors including cost shifting from other levels of government, ageing infrastructure and constraints on revenue growth. A financially sustainable Council is one that has the ability to fund on-going service delivery and renew and replace assets without imposing excessive debt or rate increases on future generations.

This is an important document, which will test the community aspirations and goals against financial realities. Contained in this plan are:

· projected income and expenditure, balance sheet and cash-flow statements;

· assumptions used to develop the plan;

· sensitivity analysis – highlight factors most likely to affect the plan;

· financial modelling for different scenarios; and

· methods of monitoring financial performance.

Asset Management Strategy (AMS)

The second part of the Resourcing Strategy deals with asset management planning, in particular the Council’s:

· Asset Management Policy; and

· Asset Management Strategy.

The Asset Management Strategy is supported by Asset Management Plans for each asset class. Together, these documents and our processes, data and systems (including asset registers and technical databases) make up Council’s Asset Management Framework.

The AMS establishes the current condition and value of all assets; the preferred condition and level of service of all assets; and the systems, resources, processes and financing options to achieve the preferred condition and level of service.

Workforce Management Strategy (WS)

The third and final part of the Resourcing Strategy is the Workforce Management Strategy. An effective Workforce Management Strategy establishes a framework for building the capability of our workforce to provide Council with the people best able to inform its strategic direction, develop innovative approaches to complex issues, and deliver appropriate services effectively and efficiently.

integrated planning and reporting

Leadership and Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

L3.1 - The organisation is recognised and distinguished by its ethical decision-making, efficient management, innovation and quality customer service.

L3.1.1 - Council’s integrity and operation effectiveness is continually being improved through its leadership, decision-making and policies.

L3.1.1.1.2 – Prepare Integrated Planning and Reporting documents and complete all statutory reporting required under the Local Government Act and Integrated Planning and Reporting framework.

Governance Matters

Section 403 of the Local Government Act, 1993, requires that all councils have a long term Resourcing Strategy for the provision of the resources required to implement the strategies established in its Community Strategic Plan. The Resourcing Strategy is to include long-term financial planning, asset management planning and workforce management.

The Office of Local Government’s Integrated Planning and Reporting Manual and Integrated Planning and Reporting Guidelines are comprehensive tools that have been used in the development of the Resourcing Strategy and to support to implementation of IP&R.

Risk Management

Council has a statutory obligation to prepare a Resourcing Strategy, and place on public exhibition, consider feedback, and then adopt the document before the 30 June 2018.

Financial Considerations

Council’s LTFP quantifies the cost of Council’s services and capital expenditure for the next 10 years.

A portfolio of all project proposals has been developed, including estimates of costs and funding sources to determine current and future funding requirements. This project portfolio has been linked to the LTFP.

The plan contains a series of assumptions. Year 1 of the LTFP – 2018/19 is the draft budget for the next financial year and is based on Council’s current revised budget. Years two (2) to ten (10) are calculated by extrapolating the budgets across each of the remaining years using these assumptions and known changes.

Council’s Asset Management Strategy (AMS) is being progressively developed to identify the level of funding required to adequately maintain community assets and the most effective way of applying funds to ensure these assets continue to provide the level of service the community expects from them.

The LTFP has incorporated a principle of applying any otherwise surplus funding in future years to closing the asset renewal gap as a priority. Council recently undertook an independent review of Council’s future financial sustainability and the state of infrastructure assets and adopted a “Road to Sustainability” funding strategy. This strategy looks to address the infrastructure backlog and invest additional funding in infrastructure renewal as a priority. As part of this review Council also undertook a horizontal service review to identify additional sources of revenue and reduce operational expenditure that will provide extra funding for infrastructure renewal.

Council has resolved to apply to IPART under Section 508(2) of the Local Government Act to continue the special rate variation for the Environment (Environmental Levy) permanently. This rate income is devoted to expenditure for environmental programs and works and has been in place since 2005, however is due to expire in June 2019.The renewal request is for a permanent levy. The LTFP has considered 2 scenarios, which are incorporated into the Delivery Program and Operational Plan and are also detailed in the Resourcing Strategy.

These are:

Scenario 1 - Base Case Scenario without the Special Rate Variation (SRV) for the Environment (Environmental Levy)

This scenario can be delivered without approval of the special rate variation application. It involves reduced rates collections compared to 2018/19 as the special rate variation component of Council’s Environmental Levy, totalling approximately $2.8M per annum would be eliminated together with the associated environmental works that this funds. Without this additional funding for environmental works, the quality of our natural environment, including our waterways and bushland, would decline, as well as the environmental performance of our buildings; support for community programs would decrease; the operational cost savings realised through Levy initiatives would fall; and the essential service functions provided by levy funded staff would be significantly compromised. The impact of this scenario is discussed in more detail in the LTFP.

Scenario 2: Scenario with the Special Rate Variation (SRV) for the Environment (Environmental Levy)

This scenario requires approval from IPART of Council’s special rate variation renewal application. It would mean that existing levels of rates income would be maintained and the existing level of funds available for environmental program and works be maintained. This amount is estimated at $2.8M for 2018/19 and grows in future years with estimated rates pegging and property growth. This scenario is Council’s preferred one and is also considered sustainable. The impact of this scenario is discussed in more detail in the LTFP.

Highlights and significant changes to the Long Term Financial Plan

The following LTFP highlights are based on Council’s preferred scenario from above, where the Environmental levy (special rate variation) is renewed.

· A recurrent operating surplus before capital income and asset sales is achieved in all years to fund capital works.

· All Fit for the Future KPIs are met during the life of this Plan.

· Additional funds (above the standard renewal program) of $73 million over 10 years identified through the “Road to Sustainability” funding strategy to be redirected to infrastructure assets renewal from 2018/19 onwards contributing to closing the infrastructure backlog (cost to satisfactory, revised at $20.6 million) by 2024/25 and cost to agreed level of service (revised at $47 million) by 2027/28.

· “Road to Sustainability” funding strategy identifies additional funding from the following initiatives and sources:

- Horizontal service review - a combination of additional operating revenue and decreases in operating expenditure.

- Divestment of assets - proceeds from asset sales.

- Property Development Reserve - interest earned from investing proceeds from asset sales - Council has established a Property Development Reserve in the Long Term Financial Plan, accumulated from the proceeds of asset sales. This reserve is created to ensure that Council has sufficient funds in reserve to insulate against the financial risks of development of three local centre revitalisation projects over the next 10 years. These projects are major developments in Lindfield, Turramurra and Gordon that will provide civic improvements and community facilities.

· A total of $124 million will be allocated to asset maintenance over 10 years, $247 million to asset renewals and $114 million (excluding Local Centre Major Projects) to build new or upgrade existing assets.

· Provision for the phased-in cost of extra superannuation contributions eventually totalling $870K pa, as the statutory rate increases from 9.5% to 12% from 2021/22 to 2025/26.

· Continuation of a permanent special rate variation for environmental programs and works (Environmental levy) of $2.8 million in 2018/19 and growing in future years. This is subject to approval from IPART.

· Maintaining a working capital target of $5 million in 2018/19, this is maintained at 5.5% of operating expenses (excluding depreciation).

· S94 Contributions Plan Projects totalling expenditure from S94 reserves of $273.9 million over 10 years. These works are included in the Plan on the proviso that future asset sales will be made to fund the estimated funding gap of projects that require a co-contribution from Council. ($9m over 10 years).

· Delivery of a total capital works and other major projects program over 10 years totalling almost $623M (at future prices). Some significant projects included in this and delivered within the next 10 years are:

- Implementation of Koola Park Master Plan

- Putarri Reserve

- Implementation of St Ives Village Green Master Plan

- Lindfield Village Green

- Lindfield Village Hub

- Turramurra Community Hub

- Construction of St Ives Showground Regional Play Space

- Construction of new park at Duff Street & Allan Avenue, Turramurra

The full list of capital and operating projects proposed for the next three years is provided in the Delivery Program 2018-2021 and Operational Plan 2018 -2019.

Changes to the LTFP post exhibition

At its Ordinary Meeting of 8 May 2018, Council resolved to exhibit the Draft Delivery Program 2018 – 2021 and Operational Plan 2018 – 2019 with the following additional community projects:

· East Lindfield Community Centre, Wellington Road, East Lindfield

· Marian Street Theatre, Marian Street, Killara

· Joint use indoor sports facility - St Ives Indoor Sports Complex, St Ives High School, Yarrabung Road, St Ives

The nominated projects have been included in the Long Term Financial Plan with a total estimated cost of $30 million phased over 4 years commencing in 2018/19. It is nominally proposed to fund these projects from the following sources: internal Infrastructure & Facilities Reserve ($6 million), asset sales ($12 million) and grants ($12 million) listed in the table below. The capital cost associated with these projects has also contributed to an annual increase in depreciation of around $165k per annum in future years which is fully funded. There will be further refinement of project costs as investigation and consultations are undertaken.

The operating result including capital items has improved due to additional proceeds from asset sales and anticipated income from grants.

Lindfield Village Green

At its Ordinary Meeting of 8 May 2018, Council resolved to increase funding for the Lindfield Village Green project in order to finance additional short term parking spaces within the LVG basement. An additional amount of $1.8 million funded from development contributions was added to the project and reflected in the Long Term Financial Plan in 2019 and 2020.

There have been no other changes to the Long Term Financial Plan.

The LTFP is revised and presented to Council as part of the Resourcing Strategy annually.

Social Considerations

The Resourcing Strategy has been developed to implement strategies to achieve the long term objectives established in Council’s ‘Our Community - Our Future’ Community Strategic Plan 2030.

Environmental Considerations

There are no environmental impacts from the implementation of the Resourcing Strategy.

Community Consultation

The draft Resourcing Strategy 2018 – 2028 was publicly exhibited for 29 days from 11 May to 8 June 2018. Copies of the exhibition documents were made available at Council’s Customer Service Centre at Chambers and Council’s four (4) libraries as well as being available on Council’s website.

Notification of the exhibition included a local newspaper advertisement within Council’s dedicated corporate advertisement section as well as information on Council’s website homepage with direct links to a dedicated page explaining the exhibition and documents. The following table provides a summary of the advertising and notifications undertaken as part of the exhibition of the draft Resourcing Strategy 2018 - 2028, and other integrated planning documents which were concurrently exhibited and are reported elsewhere on this Agenda.

Action	Stakeholders	Details
Newspaper advertisement	All stakeholders	North Shore Times – information on exhibition details and how to comment
Digital advertising	All stakeholders	North Shore Times and Newscorp – advertising via mobile devices and personal computers for the duration of the exhibition period
Council website	All stakeholders	Exhibition information, copies of exhibition plans and online submission form
Council libraries and customer service centre	All stakeholders	Hard copies of all plans available
Council E-news	Subscribed stakeholders	Informing stakeholders of exhibition and how to comment
Social media – Facebook, twitter, Instagram and LinkedIn	Subscribed stakeholders	Informing stakeholders of exhibition and how to comment
Digital signage	All stakeholders	Customer Service Bus shelters Informing stakeholders of exhibition and how to comment
Email, phone, brochure or letter notifications – direct to residents	2017 Ward community planning workshop registrants	260
	Seniors programs participants	188
	Residents requiring assistance	Libraribus - 70 people using the Home Library Service ; 154 registered users; 72 institutions
Email notifications – community organisations and groups	Sporting organisations	110
	Environmental organisations and groups	10
	Youth organisations	Posted on Hornsby Ku-ring-gai Youth network (HKYN0 and emailed to 3 youth development agencies - for advertising to users of these services
	Non- government organisations and service providers	14
	Council child care - Thomas Carlyle Centre, Vacation Care and Family Day Care	Distributed to all users of these services
	Disability service organisations and groups	89
	Community organisations and groups - other	381
	Volunteer groups and contacts	78
Email notifications and e-news – business	Local businesses	689
Translated brochures	CALD groups - Korean, Simplified Chinese and Traditional Chinese languages	300 brochures distributed to library and customer service centre
Email notifications	Government departments and agencies	77 - groups or contacts
	Council Committees	4
Letter notifications	Federal and State Local Members	3

One hundred and twelve (112) external and three (3) internal submissions were received in response to the exhibition of Council’s draft Integrated Planning & Reporting documents.

Matters raised in submissions relevant to the draft Resourcing Strategy, and responses are summarised in the tables below.

Submission/s	Issues raised
1. One hundred and seven (107) resident submissions	Submissions supporting the renewal and reopening of Marian Street Theatre to contribute to theatre and the arts for the benefit of the Ku-ring-gai community. · Eighty three (83) of these submissions also requested the inclusion of Marian Street Theatre in Council’s Long Term Financial Plan, which forms part of Council’s Resourcing Strategy and was exhibited concurrently with the Delivery Program and Operational Plan. · Three (3) of the submissions also provided comments on other matters which are separately addressed in this table.
Response: At its Ordinary Meeting of 8 May 2018, Council resolved to exhibit the Draft Delivery Program 2018 – 2021 and Operational Plan 2018 – 2019 with additional community projects. This included the renewal of Marian Street Theatre. Council also resolved under Item NM.1, Minute 115 that Marian Street Theatre be added to the Long Term Financial Plan as part of Council’s draft Resourcing Strategy 2018 – 2028. Recommendations elsewhere in this report include adding the Marian Street Theatre renewal project to the Capital Works Program and Operational Projects in the Delivery Program 2018 – 2021 and Operational Plan 2018 – 2019 and adding a task to the Operational Plan 2018-2019 to undertake community consultation, concept plan development and development application documentation for the renewal of Marian Street Theatre. Recommendation Subject to Council’s decision on the recommendations for this report, the residents to be advised in terms of the response above.
Submission/s		Issues raised
2. Resident (this submission also supported the renewal and reopening of Marian Street Theatre and is included in the 107 submissions above)		Suggestion for an additional levy to fund the renewal of the Marian Street Theatre.
Response Council always seeks to fund community programs and projects within existing financial resources rather than burden ratepayers with additional levies. Council staff have identified funds to include the Marian Street Theatre in its Capital Works Program over the term of this Council. The renewal of Marian Street Theatre will be reliant on asset sales of surplus lands and grants to complete the project. Recommendation Subject to Council’s decision on the recommendations for this report, the resident to be advised in terms of the response above.
Submission/s			Issues raised
3. Resident (this submission also supported the renewal and reopening of Marian Street Theatre and is included in the 107 submissions above)			Submission raising concern that Council has been selling off assets such as bowling clubs and carparks to developers, which will eventually deprive Ku-ring-gai’s ability to maintain the area’s open space and community feel that attracts residents to the area.
Response Council staff have identified funds to include the Marian Street Theatre in its Capital Works Program over the term of this Council. The renewal of Marian Street Theatre will be reliant on asset sales of surplus lands to complete the project. Council has not sold any bowling clubs, although it is noted that the Gordon and East Roseville Clubs have closed due to lack of membership. Council’s Long Term Financial Plan modelling and assumptions relies on asset sales to fund capital works programs and projects that will deliver facilities, new open space and other community priorities over the term of this Council. Recommendation Subject to Council’s decision on the recommendations for this report, the resident to be advised in terms of the response above.
Submission			Issues raised
4. Resident (this submission also supported the renewal and reopening of Marian Street Theatre and is included in the 107 submissions above)			· funding for the redevelopment of Marian Street theatre should not be at the cost of other community amenities and facilities needed for Ku-ring-gai’s increasing population. · revenue received from the likely future sale of the current Lindfield Library, Community Centre, KYDS office and affordable housing on the parcel of land near Lindfield shops should be used to build an improved Lindfield Library, Community Centre, KYDS Office AND more tennis courts (or other outdoor recreational facilities) and more affordable housing, which is desperately needed in the area.
Response Council staff have identified funds to include the Marian Street Theatre in its Capital Works Program over the term of this Council. The renewal of Marian Street Theatre will be reliant on asset sales of surplus lands to complete the project. Council’s Long Term Financial Plan modelling and assumptions relies on asset sales to fund capital works programs and projects that will deliver facilities, new open space and other community priorities over the term of this Council. The adopted concept masterplan for Lindfield Village (Community) Hub project will deliver a mixed use precinct with community buildings that will provide Library and community spaces. A new urban plaza and park will also provide new open space, a supermarket, boutique shops and eateries. New apartments will provide homes for young families and our ageing population. The development will be underpinned by a basement car park providing short term and commuter parking. Recommendation Subject to Council’s decision on the recommendations for this report, the resident to be advised in terms of the response above.
Submission			Issues raised
5. Resident Identification of ‘green’ infrastructure in asset management strategy			· Need to include green infrastructure in the AMS e.g. solar farming, water storage, remnants of CEEC’s. · Urban forest/remnant native forest be included as an asset to better protect it.
Response Council’s Asset Hierarchy is a multi-layered framework which encompasses a range of asset types and components including Roads & Transport, Buildings & Land, Drainage and Recreational Facilities. Council’s Asset Hierarchy identifies Bushland within the Recreational Facilities asset class. Details of these assets at a component level are contained within Council’s Asset Management Plans. While the purpose of the Asset Management Strategy is to provide strategic information, targets and forecasts predominantly for infrastructure assets. Recommendation Subject to Council’s decision on the recommendations for this report, the resident to be advised in terms of the response above

Internal Consultation

The development of the draft Resourcing Strategy 2018 – 2028 was undertaken in full consultation with all departments across Council. Refinements to the draft document, as a result of ongoing review by staff and councillors during the public exhibition period are proposed for inclusion. Minor typographical and formatting errors identified during the exhibition period have also been corrected along with any updates of statistical data recently received from government agencies.

Summary

On 8 May 2018, Council considered a report on the Resourcing Strategy 2018-2028, incorporating the Long Term Financial Plan, Asset Management Strategy and Workforce Management Strategy. At this meeting Council resolved to place the draft plan on public exhibition.

The proposed changes to the exhibited Resourcing Strategy are specific to the Long Term Financial Plan to include the community projects at East Lindfield Community Centre, Marian Street Theatre, and the joint use indoor sports facility at St Ives High School. The nominated projects have been included in the Long Term Financial Plan with a total estimated cost of $30 million phased over 4 years commencing in 2018/19. Additional formatting modifications will made to the exhibited documents to incorporate these projects.

The Resourcing Strategy 2018- 2028 has been prepared in accordance with the Local Government Act, 1993 and incorporates the requirements of the Office of Local Government’s Integrated Planning and Reporting framework.

The Strategy will assist with Council’s future financial planning and provide an indication of the annual funding requirements as indicated in the long term financial plan.

The completion of the Resourcing Strategy validates Council’s commitment to improving our financial sustainability, asset management and workforce practices and processes.

Recommendation:

A. That Council adopts the amendments to the Long Term Financial Plan to include the community projects at East Lindfield Community Centre, Wellington Road, East Lindfield, Marian Street Theatre, Marian Street, Killara and the joint use indoor sports facility - St Ives Indoor Sports Complex, St Ives High School, Yarrabung Road, St Ives.

B. That pursuant to Section 403 of the Local Government Act, 1993, Council adopts the Resourcing Strategy 2018-2028, incorporating the Long Term Financial Plan, Asset Management Strategy and Workforce Management Strategy.

C. That Council writes to all residents and groups that made submissions in relation to the draft Resourcing Strategy 2018 – 2028.

Angela Apostol

Manager Finance

Deborah Silva

Manager Integrated Planning, Property & Assets

Jennie Keato

Manager People and Culture

Andrew Watson

Director Strategy & Environment

David Marshall

Director Corporate

Ordinary Meeting of Council - 26 June 2018	GB.3 / 56

Item GB.3	FY00382/10
	15 May 2018

Draft Delivery Program 2018-2021 and Draft Operational Plan 2018-2019 - Post Exhibition

EXECUTIVE SUMMARY

purpose of report:	For Council to adopt the draft Delivery Program 2018-2021 and draft Operational Plan 2018-2019, incorporating the Budget, Capital Works Program, Statement of Revenue Policy and draft Fees and Charges for 2018-2019.

background:	On 8 May 2018, Council considered a report on the draft Delivery Program 2018 – 2021 and draft Operational Plan 2018 – 2019. At that meeting Council resolved that the relevant matters in the Council Resolution for NM.1 on the same Agenda (Lindfield Library, Library Village Hub and Asset Recycling to meet community needs) be added to the draft Delivery Program 2018-2021, and draft Operational Plan 2018-2019, incorporating the Budget, Capital Works Program and Fees and Charges for 2018-2019 and placed on public exhibition for a minimum period of 28 days commencing Friday, 11 May 2018.

comments:	The draft Delivery Program 2018 – 2021 and draft Operational Plan 2018 – 2019 were exhibited for a period of 29 days from 11 May to 8 June 2018. One hundred and twelve (112) external and three (3) internal written submissions were received as a result of the exhibition. Following a review of the submissions and other matters amendments and corrections are proposed to the Delivery Program and Operational Plan.

recommendation:	That pursuant to Sections 404 and 405 of the Local Government Act, 1993 Council adopts the exhibited draft Delivery Program 2018 – 2021 and Operational Plan 2018 – 2019 incorporating the Budget, Capital Works Program, Statement of Revenue and Fees and Charges for 2018 – 2019 with minor amendments.

Purpose of Report

BAckground

On 8 May 2018, Council considered a report (GB.3) on the draft Delivery Program 2018 – 2021 and draft Operational Plan 2018 – 2019, incorporating the budget, capital works program, statement of revenue policy and fees and charges for 2018 – 2019. Council resolved the following:

A. That the report on Council’s draft Delivery Program 2018-2021 and draft Operational Plan 2018-2019, incorporating the Budget, Capital Works Program and Fees and Charges for 2018-2019, be received and noted.

B. That the relevant matters in the Council Resolution for NM.1 on this Agenda (Lindfield Library, Library Village Hub and Asset Recycling to meet community needs) be added to the draft Delivery Program 2018-2021, and draft Operational Plan 2018-2019, incorporating the Budget, Capital Works Program and Fees and Charges for 2018-2019 and placed on public exhibition for a minimum period of 28 days commencing Friday, 11 May 2018.

C. That following public exhibition, a further report be submitted to Council for the adoption of the draft Delivery Program 2018-2021, and draft Operational Plan 2018-2019, incorporating the Budget, Capital Works Program and Fees and Charges for 2018-2019.

Council Resolution for Item NM.1 added the following nominated community projects to the draft Delivery Program 2018 – 2021 and draft Operational Plan 2018 -2019:

· East Lindfield Community Centre, Wellington Road, East Lindfield

o Project description: Renewal of the community centre building, including community consultation in relation to renewal options (including restoration or rebuilding).

· Marian Street Theatre, Marian Street, Killara

o Project description: Renewal of Marian Street Theatre

· Joint use indoor sports facility - St Ives Indoor Sports Complex, St Ives High School, Yarrabung Road, St Ives

o Project description: Proposed construction of a new indoor sports facility at St Ives High School, for joint use with the NSW Department of Education.

Comments

· Community Strategic Plan;

· Resourcing Strategy, and.

· Delivery Program & Operational Plan.

The Community Strategic Plan reflects the long term priorities of the community and provides direction for Council to align its delivery of community policies, programs and services.

The Resourcing Strategy is the link between the long term Community Strategic Plan and medium term Delivery Program and explains how priorities can be achieved in terms of time, money, people and assets.

The Delivery Program details the key activities to be undertaken by Council over its three year term to implement the strategies established by the Community Strategic Plan and within the resources available under the Resourcing Strategy. Development of the Delivery Program and Operational Plan was informed by the long term objectives of the Community Strategic Plan, Council policies and strategies, prioritisation of capital works projects, fees and charges, standards for the delivery of services and income from external sources.

As required by legislation, the Delivery Program and Operational Plan contains the income (revenue), fees and charges and budget for Council over the coming year which supports the various services and projects to be delivered.

Organisational performance will be measured through the progress or delivery of Council’s three year term achievements and one year Operational Plan tasks under each theme. Performance indicators are also included under each theme, to provide both qualitative and quantitative information back to the community through Bi-annual Reports and an Annual Report. The Delivery Program and Operational Plan are presented in a single integrated document to facilitate community access to information contained in the plans.

As required by the Local Government Act the document was placed on public exhibition for a minimum period of twenty-eight (28) days to allow for community feedback.

integrated planning and reporting

Leadership and Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

L3.1 - The organisation is recognised and distinguished by its ethical decision-making, efficient management, innovation and quality customer service.

L3.1.1 - Council’s integrity and operation effectiveness is continually being improved through its leadership, decision-making and policies.

L3.1.1.1.2 - Prepare Integrated Planning and Reporting documents and complete all statutory reporting required under the Local Government Act and Integrated Planning and Reporting framework.

Governance Matters

The legislative requirements to prepare and exhibit the draft Delivery Program 2018 - 2021 and draft Operational Plan 2018 - 2019, incorporating the budget, capital works program, statement of revenue policy and fees and charges for 2018 – 2019 is governed by sections 404 and 405 of the Local Government Act, 1993.

It is the responsibility of Council to consider all submissions made during the exhibition of the draft program and plan prior to their adoption.

Risk Management

The structure and content of the Delivery Program and Operational Plan comply with the requirements of the Local Government Act, 1993. Council has a statutory obligation to prepare, exhibit, consider feedback and adopt the Delivery Program and Operational Plan, no later than 30 June 2018.

Financial Considerations

Ku-ring-gai Council is in a sound financial position. The 2018-19 budget provides for an operating surplus of $27 million after allowing for the depreciation expense on Council’s $1.169 billion portfolio of largely depreciable assets such as roads, footpaths, drains and buildings. If capital grants and contributions are excluded, the operating result remains in surplus, with a result of $7.78 million. This is consistent with Council’s long term financial plan which provides a framework to achieve continued operating surpluses.

The Operating Surplus contributes to Council’s capital works program. In 2018-19 the capital works program is $59.23 million. Details of the capital works program for 2018-19 can be found under separate Attachments.

Council’s long term financial plan and budget ensures that Council maintains adequate liquidity. This is demonstrated by the Unrestricted Current Ratio, for which the industry benchmark of greater than 1.5:1 is considered to be “Satisfactory” and greater than 2:1 to be “Good”. Council’s budget maintains a “Good” Unrestricted Current Ratio that is greater than 2:1.

Council’s 2018-19 budget provides for loan capital repayment of $1.5 million. The outstanding loan is discharged by revenue from general fund and future net revenue generated from leasing out the investment property at 828 Pacific Highway, Gordon.

Council collects s.94 contributions from developers to help pay for new infrastructure and facilities for the growing population of the area. Some of the works to be undertaken in the s.94 plan cater for the existing population and these works require a co-contribution from Council’s general funds. The works programmed to be undertaken over the next years are shown below:

Council’s total Rates income is “pegged” by the State Government and approval must be obtained for increases above this amount (known as Special Rates Variations).

In the 2018-19 budget the projected Rates income is $63 million. This amount includes the permanent existing Special Rates Variations for Infrastructure and the continuation of the Environmental Levy.

A summary of Council’s Funding Statement for the next three years is provided below:

Budget principles

Council’s budget for 2018-2019 is developed using the 10 Year Long Term Financial Plan (LTFP). The LTFP principles and financial sustainability tests applied in developing next year’s budget and future financial planning are outlined in Council’s Resourcing Strategy. In summary these are:

1. maximise funds available for projects to renew infrastructure;

2. satisfy applied tests of financial sustainability; and

3. a borrowing and loan repayment strategy.

The 2018-2019 budget has been developed to ensure that the LTFP financial targets are met and maintained in the future.

Major assumptions of the 2018-2019 budget include:

· CPI of 2.4% applied;

· the Independent Pricing and Regulatory Tribunal (IPART) approved rate pegging increase of 2.3%;

· no price increase for domestic waste charges;

· fees and charges increased by an average of 2.4%;

· interest on investments estimated at 2.9%;

· employee costs increase of 3.4%;

· capital works and operational projects program of $64.8 million; and

· Section 94 revenue plus interest of $21.2 million transferred to externally restricted reserves and expenditure of $37.1 million from these reserves.

Rating structure 2018-2019

Each year the NSW Government approves a maximum percentage increase in the total income a council can receive from rates, known as the ‘rate-peg’. The rate peg for 2018-2019 has been determined by IPART at 2.3% and this percentage increase has been applied to Council’s rates.

Ordinary General Residential and Business Rates, plus the special ‘Infrastructure – Primary Rate’ together represent the total notional rates income of Council excluding the rates received from the two special rate variations. The rates structure represented in the table below divides this amount into the Ordinary Rates (59%) and ‘Infrastructure – Primary Rate’ (41%).

Under this rates structure, Council will grant a voluntary pensioner rebate (in addition to the Statutory Rebate) of 8.5% of the total rates and charges. This voluntary rebate will apply to pensioners who are eligible for the Statutory Rebate.

Rates structure including rate peg increase of 2.3%

The details of rates levied for the 2018/19 will be as follows:

Rate Pegging increase of 2.3%
Type	Category	Ad Valorem Rate	Min/Base Amount $	% of Revenue from Base for each rate	Yield $
Ordinary	Residential	0.00066010	$526.00		$30,089,644
Ordinary	Business	0.00454921	$526.00		$4,412,250
Special	Infrastructure – Primary Rate	0.00030548			$12,007,551
Special	Infrastructure – Primary Rate		$272.00	49.92%	$11,968,000
Special	Infrastructure - Special Rate Variation	0.00003726			$1,464,585
Special	Infrastructure - Special Rate Variation		$32.00	49.02%	$1,408,000
Special	Environmental – Special Rate Variation	0.00007126			$2,801,028

The Ordinary General Residential and Business Rates, plus the special ‘Infrastructure – Primary Rate’ together represent the total notional rates income of Council excluding the rates received from the two special rate variations. The above rates structure divides this amount into the Ordinary Rates (59%) and ‘Infrastructure – Primary Rate’ (41%). This represents a continuation of the 2014/15 rates structure.

Under this rates structure, Council will grant a voluntary pensioner rebate (in addition to the Statutory Rebate) of 8.5% of the total Council rates and charges. This voluntary rebate will apply to pensioners who are eligible for the Statutory Rebate.

Stormwater management charge

The stormwater management service charge for 2018-2019 is levied under Section 496A of the Local Government Act 1993 (as amended).

The charges have been set in accordance with the Local Government Amendment (Stormwater) Bill 2005 and for 2018-19 are as follows:

Strata/Company titled residential home units: $12.50 per unit

Other residential property: $25.00 per rateable property

Business rateable property: $25.00 per 350 square metres of land area (a maximum charge of $1,500.00 applies to land area greater than 21,000 square metres).

Strata/Company titled business units: A minimum of $5.00 or the relevant portion of the maximum annual charge that would apply to the land subject to the strata scheme if it were a parcel of land subject to the Business rateable property charge.

Waste management charge – for business properties

The waste management charge for 2018/2019 is levied under Section 501 of the Local Government Act 1993 (as amended).

Council’s annual waste management charges include a charge for waste management per business service provided. Upon request, a 120L waste bin to be emptied weekly will be provided. In 2018/2019 this charge will be $270 per service.

The charge for aged care/nursing homes rated as business properties will be $270 per service. The service is:

· equivalent of 120 litres of waste per service per week; and

· equivalent of 120 litres of recycling per service per week.

Domestic waste management charge

Sections 496 and 504 of the Local Government, Act 1993 (as amended) require councils to make and levy an annual charge for the provision of domestic waste (DWM) service for each parcel of rateable land for which the service is available, ensure that the cost of providing the service is met by the charge and that the charge is reasonable for the services provided. A council cannot use income from its ordinary rate towards the cost of providing DWM services.

Charges for 2018 -2019 are shown below:

Note: For Aged Care/Retirement villages rated as Residential Properties, charge is applied per service as follows:

• base service without green waste plus $152.50 (being 50%) for each additional service – 1 x bed self-care unit; and

• base service without green waste plus $76.25 (being 25%) for each additional service – 1 x bed fully serviced hostel room.

Note: For Aged Care/Retirement villages exempt from rating, charge is applied under Section 496(2) per service as follows:

• base service without green waste plus $152.50 (being 50%) for each additional service – 1 x bed self-care unit; and

• base service without green waste plus $76.25 (being 25%) for each additional service – 1 x bed fully serviced hostel room.

Fees and charges schedule for 2018 - 2019

The Delivery Program and Operational Plan includes a range of proposed increases to current fees and charges in 2018-2019. Underlying these is the pricing methodology in relation to fees and charges which are not prescribed by legislation. The pricing methodology seeks to ensure Council recovers its costs in delivering of services, while also allowing for fees and charges to be discounted, where appropriate, in recognition of Council’s community service obligations.

Council’s Fees and Charges have been increased where appropriate. Fees that have not been subject to an annual increase include Statutory and Regulatory Fees, Section 94 Contributions and those where it was not commercially viable to do so.

Compliance levy

A compliance levy of 0.20% of the development cost or Capital Investment Value of a proposed development will be introduced and charged on each development application. With the increase in population and development in the area, there are greater demands on Council to ensure compliance with legislation. There is also an expectation in the community that Council officers are available to take effective action and ensure that the environmental performance of all development in Ku-ring-gai is enhanced.

Changes to Fees & Charges post exhibition

Council has been advised of the following changes to statutory fees:

Increase to companion animal registration fees in line with CPI

From 1 July 2018 cat and dog lifetime registration fees will increase in line with the Consumer Price Index as required by the Companion Animals Regulation 2008 and outlined in Circular to Council 13 -54 received on 7 June 2018. These fees are reflected in the Companion Animals section under Compliance & Regulation in the Fees & Charges 2018 -2019.

Annual Budget 2018 - 2019 – Changes to Operational and Capital Budget

Rates Levied: Minor changes have been made to the rate in the dollar as a result of additional supplementary valuations received after finalising the Draft 2018 - 2019 Annual Budget. The rates levied are listed under section “Rates Structure including Rate Peg increase of 2.3% “in this report.

Additional community projects

At its Ordinary Meeting of 8 May 2018, Council resolved to exhibit the draft Delivery Program 2018 – 2021 and draft Operational Plan 2018 – 2019 with the following additional community projects:

· East Lindfield Community Centre, Wellington Road, East Lindfield

· Marian Street Theatre, Marian Street, Killara

· Joint use indoor sports facility - St Ives Indoor Sports Complex, St Ives High School, Yarrabung Road, St Ives.

Council also resolved under Item NM.1, Minute 115 that the above three community projects be added to the Long Term Financial Plan as part of Council’s draft Resourcing Strategy 2018 – 2028. A post-exhibition report on the Resourcing Strategy is listed elsewhere on this Agenda recommends the addition of the three community projects to the Long Term Financial Plan.

Further information on each of these projects is provided below:

1. East Lindfield Community Centre, Wellington Road, East Lindfield

· Project description

Renewal of the community centre building, including community consultation in relation to renewal options (including restoration or rebuilding).

· Background

The East Lindfield Community Centre, is a large community hall located on the corner of Wellington Road and Crana Avenue, East Lindfield. The centre was built in 1961 and is centrally located in the suburb of East Lindfield adjacent to the neighbourhood shopping centre and Dukes Green Park and playground. The centre is well utilised by local community, recreational and sporting groups, markets and private functions.

A recent structural assessment on the East Lindfield Community Centre identified the need for Council to carry out urgent repairs to the building.

Funding of $392,400 has already been included in the 2018 – 2019 budget for urgent short term repairs to the East Lindfield Community Centre. It is proposed to retain this allocation in the plan.

2. Marian Street Theatre, Marian Street, Killara

· Project description

Renewal of Marian Street Theatre.

· Background

The Marian Street building, originally constructed in the early 1900’s, was converted to a 280 seat theatre in the mid 1960’s and operated as a theatre until 2013. In 2013 the building was closed due to non-compliance with BCA standards and an unsafe operating environment for the Marian Street Theatre for Young People and the community. Since that time Council has commissioned studies in relation to the future of the theatre. These included assessing cultural facility needs in Ku-ring-gai and for the theatre, the condition of the building’s structural and theatrical infrastructure and extensive community consultation.

3. Joint use indoor sports facility - St Ives Indoor Sports Complex, St Ives High School, Yarrabung Road, St Ives

· Project description

Proposed construction of a new indoor sports facility at St Ives High School, for joint use with the NSW Department of Education.

· Background

This is a project initiated by the Department of Education (DoE) which has entered into Joint Use Projects with councils for identified schools throughout the State.

At its meeting of 13 June 2017, Council resolved to enter into an “in-principle” agreement with the Department for both Ku-ring-gai High School and St Ives High School for community use of various facilities on these sites.

Council subsequently resolved (in part), at its meeting of 12 December 2017 to:

o advise DoE that subject to external funding becoming available and further financial modelling and design development, of its “in-principle” support for the Joint Use Project proposals at St Ives High School as its priority and then as a second priority Ku-ring-gai High School;

o carry out further studies into the feasibility, capital and operational costing of the St Ives High School project;

o allocate $60,000 to facilitate the preparation of expert reports to further assist Council in any decision making process.

The Department has been advised of Council’s continued “in-principle” support for the Joint Use Project proposal at St Ives High School as its priority and that it does not wish to pursue the Ku-ring-gai High School proposal in addition to previously declined Lindfield Learning Centre project.

Comments

Subject to the addition of the three nominated community projects to the Long Term Financial Plan elsewhere on this Agenda the projects are proposed to be added to the Capital Works Program and Operational Projects in the Delivery Program 2018 – 2021 with appropriate tasks in the Operational Plan 2018 – 2019 reflecting Stage 1 work as follows:

1. Add the following line item to the Delivery Program 2018 – 2021 and Operational Plan 2018 – 2019 – Capital Works Program:

Asset Sub-Category	Council buildings
Description of Work -	New St Ives Indoor Sports Facility and renewed/upgraded East Lindfield Community Centre and Marian Street Theatre.
Funding allocations
Year	Estimated Total Cost	General Funds	Development Contributions	Grants
2018-2019	500,000	500,000	0	0
2019-2020	8,945,000	4,945,000	0	4,000,000
2020-2021	11,055,000	7,055,000	0	4,000,000

Consistent with the funding allocation in the Long Term Financial Plan it is noted that capital works will extend beyond the timeframe of the Delivery Program 2018 – 2021.

The operating result including capital items has improved due to additional proceeds from asset sales and anticipated income from grants.

No other changes have been made to the total 2018- 2019 Budget since it was placed on public exhibition. Minor changes to the budget will be reflected in the September Quarterly Budget Review.

2. Add the following tasks to the Operational Plan 2018 – 2019:

Theme	Community, people and culture
Long Term Objective C2.1	A harmonious community that respects, appreciates, celebrates and learns from each other and values our evolving cultural identity.
Term Achievement C2.1.1	Ku-ring-gai’s rich cultural diversity and creativity is celebrated through programs and events.
Add new task C2.1.1.4	Undertake community consultation, concept plan development and development application documentation for the renewal of Marian Street Theatre.
Theme	Places, spaces and infrastructure
Long Term Objective P7.1	Multipurpose community buildings and facilities are available to meet the community’s diverse and changing needs.
Term Achievement P7.1.1	The condition and functionality of existing and new assets is improved.
Add new task P7 1.1.3	Undertake community consultation, concept plan development and development application documentation for the renewal or upgrade of East Lindfield Community Centre.
Theme	Places, spaces and infrastructure
Long Term Objective P6.1	Recreation, sporting and leisure facilities are available to meet the community’s diverse and changing needs.
Term Achievement P6.1.1	A program is being implemented to improve existing recreation, sporting and leisure facilities and facilitate the establishment of new facilities.
Add new task P6 1.1.11	Negotiate a Heads of Agreement with the Department of Education for the construction and joint usage of an indoor sports facility at St Ives High School.

Subsequent stages of works will be reflected in tasks in the Operational Plans for 2019-2020 and 2020-2021.

Social Considerations

Integration of the Delivery Program and Operational Plan with the Community Strategic Plan, includes the same six (6) themes and long term objectives. This ensures that the program and plan address social justice principles and social issues in an integrated way, along with civic leadership, environmental and economic issues as required by the Integrated Planning and Reporting framework.

Environmental Considerations

The revised Delivery Program and Operational Plan, through integration with the Community Strategic Plan, address both natural and built environment issues in a comprehensive manner integrated with civic leadership, social and economic issues as required by the Integrated Planning and Reporting framework.

Community Consultation

The draft Delivery Program 2018–2021 and draft Operational Plan 2018 – 2019 including draft Fees and Charges, were publicly exhibited for 29 days from 11 May to 8 June 2018. Copies of the exhibition documents were made available at Council’s Customer Service Centre at Chambers and Council’s four (4) libraries as well as being available on Council’s website.

Notification of the exhibition included a local newspaper advertisement within Council’s dedicated corporate advertisement section as well as information on Council’s website homepage with direct links to a dedicated page explaining the exhibition and documents. The following table provides a summary of the advertising and notifications undertaken as part of the exhibition of the draft Delivery Program 2018-2021 and draft Operational Plan 2018-2019, including draft Fees and Charges 2018-2019, and other integrated planning documents which were concurrently exhibited and are reported elsewhere on this Agenda.

Action	Stakeholders	Details
Newspaper advertisement	All stakeholders	North Shore Times – information on exhibition details and how to comment
Digital advertising	All stakeholders	North Shore Times and Newscorp – advertising via mobile devices and personal computers for the duration of the exhibition period
Council website	All stakeholders	Exhibition information, copies of exhibition plans and online submission form
Council libraries and customer service centre	All stakeholders	Hard copies of all plans available
Council E-news	Subscribed stakeholders	Informing stakeholders of exhibition and how to comment
Social media – Facebook, twitter, Instagram and LinkedIn	Subscribed stakeholders	Informing stakeholders of exhibition and how to comment
Digital signage	All stakeholders	Customer Service Bus shelters Informing stakeholders of exhibition and how to comment
Email, phone, brochure or letter notifications – direct to residents	2017 Ward community planning workshop registrants	260
	Seniors programs participants	188
	Residents requiring assistance	Libraribus - 70 people using the Home Library Service ; 154 registered users; 72 institutions
Email notifications – community organisations and groups	Sporting organisations	110
	Environmental organisations and groups	10
	Youth organisations	Posted on Hornsby Ku-ring-gai Youth network (HKYN0 and emailed to 3 youth development agencies - for advertising to users of these services
	Non- government organisations and service providers	14
	Council child care - Thomas Carlyle Centre, Vacation Care and Family Day Care	Distributed to all users of these services
	Disability service organisations and groups	89
	Community organisations and groups - other	381
	Volunteer groups and contacts	78
Email notifications and e-news – business	Local businesses	689
Translated brochures	CALD groups - Korean, Simplified Chinese and Traditional Chinese languages	300 brochures distributed to library and customer service centre
Email notifications	Government departments and agencies	77 - groups or contacts
	Council Committees	4
Letter notifications	Federal and State Local Members	3

One hundred and twelve (112) external and three (3) internal submissions were received in response to the exhibition of Council’s Integrated Planning & Reporting documents.

Matters raised in the external and internal submissions and responses are summarised in the tables below.

Submission/s		Issues raised
1. One hundred and seven (107) resident submissions		Submissions supporting the renewal and reopening of Marian Street Theatre to contribute to theatre and the arts for the benefit of the Ku-ring-gai community. · Eighty three (83) of these submissions also requested the inclusion of Marian Street Theatre in Council’s Long Term Financial Plan, which forms part of Council’s Resourcing Strategy and was exhibited concurrently with the Delivery Program and Operational Plan. · Three (3) of the submissions also provided comments on other matters which are separately addressed in this table.
Response: At its Ordinary Meeting of 8 May 2018, Council resolved to exhibit the draft Delivery Program 2018 – 2021 and draft Operational Plan 2018 – 2019 with additional community projects. This included the renewal of Marian Street Theatre. Council also resolved under Item NM.1, Minute 115 that Marian Street Theatre be added to the Long Term Financial Plan as part of Council’s draft Resourcing Strategy 2018 – 2028. Recommendations elsewhere in this report include adding the Marian Street Theatre renewal project to the Capital Works Program and Operational Projects in the Delivery Program 2018 – 2021 and Operational Plan 2018 – 2019 and adding a task to the Operational Plan 2018-2019 to undertake community consultation, concept plan development and development application documentation for the renewal of Marian Street Theatre. Recommendation Subject to Council’s decision on the recommendations for this report, the residents to be advised in terms of the response above.
Submission/s					Issues raised
2. Resident (this submission also supported the renewal and reopening of Marian Street Theatre and is included in the 107 submissions above)					Suggestion for an additional levy to fund the renewal of the Marian Street Theatre.
Response Council always seeks to fund community programs and projects within existing financial resources rather than burden ratepayers with additional levies. Council staff have identified funds to include the Marian Street Theatre in its Capital Works Program over the term of this Council. The renewal of Marian Street Theatre will be reliant on asset sales of surplus lands to complete the project. Recommendation Subject to Council’s decision on the recommendations for this report, the resident to be advised in terms of the response above.
Submission/s						Issues raised
3. Resident (this submission also supported the renewal and reopening of Marian Street Theatre and is included in the 107 submissions above)						Submission raising concern that Council has been selling off assets such as bowling clubs and carparks to developers, which will eventually deprive Ku-ring-gai’s ability to maintain the area’s open space and community feel that attracts residents to the area.
Response Council staff have identified funds to include the Marian Street Theatre in its Capital Works Program over the term of this Council. The renewal of Marian Street Theatre will be reliant on asset sales of surplus lands to complete the project. Council has not sold any bowling clubs, although it is noted that the Gordon and Roseville Chase Clubs have closed due to lack of membership. Council’s Long Term Financial Plan modelling and assumptions relies on asset sales to fund capital works programs and projects that will deliver facilities, new open space and other community priorities over the term of this Council. Recommendation Subject to Council’s decision on the recommendations for this report, the resident to be advised in terms of the response above.
Submission						Issues raised
4. Resident (this submission also supported the renewal and reopening of Marian Street Theatre and is included in the 107 submissions above)						· Funding for the redevelopment of Marian Street Theatre should not be at the cost of other community amenities and facilities needed for Ku-ring-gai’s increasing population. · Revenue received from the likely future sale of the current Lindfield Library, Community Centre, KYDS office and affordable housing on the parcel of land near Lindfield shops should be used to build an improved Lindfield Library, Community Centre, KYDS Office AND more tennis courts (or other outdoor recreational facilities) and more affordable housing, which is desperately needed in the area.
Response Council staff have identified funds to include the Marian Street Theatre in its Capital Works Program over the term of this Council. The renewal of Marian Street Theatre will be reliant on asset sales of surplus lands to complete the project. Council’s Long Term Financial Plan modelling and assumptions relies on asset sales to fund capital works programs and projects that will deliver facilities, new open space and other community priorities over the term of this Council. The adopted concept masterplan for Lindfield Village (Community) Hub project will deliver a mixed use precinct with community buildings that will provide Library and community spaces. A new urban plaza and park will also provide new open space, a supermarket, boutique shops and eateries. New apartments will provide homes for young families and our ageing population. The development will be underpinned by a basement car park providing short term and commuter parking. Recommendation Subject to Council’s decision on the recommendations for this report, the resident to be advised in terms of the response above.
Submission					Issues raised
5. Resident (this submission also supported the renewal and reopening of Marian Street Theatre and is included in the 107 submissions above)					Submission requesting the following: · An effective plan for cycle access within Ku-ring-gai and facilitation of commuter bike access as the current state of cycle access is inadequate. · Council to facilitate the operation of community markets, with Killara commuter carpark recommended for a weekend organic and conventional food market. · A reduction of planning constraints in Heritage Conservation Areas, particularly relating to maintaining houses which cannot take advantage of passive solar design principles, natural light and airflow. This resident advised of their support for the redevelopment of the Marian Street theatre site with a new multi-use hall available for theatre productions, community meetings and other uses, as well as parking, café and dining facilities.
Responses · Cycle access within Ku-ring-gai and facilitation of commuter bike access Ku-ring-gai Council has an adopted bike plan, which sets out a network of routes across the local government area (LGA). The bike plan is being progressively implemented with over 7km of bikeway designated and in place between 2013 – 2017. The bike plan proposes local routes that connect trip attractors and generators such as schools, local centres, railway stations and recreation facilities, as well as providing links to adjoining LGAs. Council has also successfully installed or planned for bike facilities as part of the Gordon bus/rail interchange and new developments in Lindfield and other centres. Regionally, work undertaken by the Greater Sydney Commission and Transport for NSW envisages the creation of a Principal Bicycle Network. The coverage of the Principal Bicycle Network, which seeks to link major and strategic centres across Sydney, is described in Future Transport 2056’s Greater Sydney Services and Infrastructure Plan document. One of these routes is (indicatively) a north-south corridor between North Sydney and Hornsby, roughly following the North Shore railway line. Where possible, and depending on the road environment and available funding, Council seeks to provide separated facilities for bicycle riders. For example, planning work is underway for the provision of a section of 2-way separated cycleway in Lindfield Avenue (between Havilah Road and Russell Avenue), in conjunction with the Lindfield Village Green project. One challenge in implementing the Ku-ring-gai bike plan is that Council funding for cycling facilities is limited, so Council regularly nominates cycleway projects to Transport for NSWs Active Transport Program, for funding assistance (with varying degrees of success). Another challenge to delivering safe, separated cycling facilities is cultural and behavioural attitudes towards cycling and cycling facilities, particularly where accommodating these facilities involve redistributing or removing on-street parking. · Operation of community markets While there are potential local economic and community benefits of local markets, Council currently does not actively seek operators to run markets on its land unless specifically requested to do so by resolution of Council. At this time, markets in Ku-ring-gai are set up in response to a request by a market operator. Approval of such requests can be complex and may require extensive community consultation, traffic and parking studies and development application approvals before they are endorsed. · Planning controls in Heritage Conservation Areas The Ku-ring-gai Development Control Plan contains objectives for heritage properties within the Ku-ring-gai Local Government Area which aim to: o retain, conserve and enhance the Heritage Items, HCAs and their associated settings; o ensure the heritage significance, streetscape and landscape character of HCAs are maintained; o ensure alterations and additions to Heritage Items and within HCAs respect those buildings and do not compromise the significance and character of the individual Heritage Items or the HCAs; o ensure new development in the vicinity of Heritage Items and HCAs respects the heritage context and is sympathetic in terms of form, scale, character, bulk, orientation, setback, colours and textures and does not mimic or adversely affect the significance of Heritage Items or HCAs and their settings. The aim of the planning controls for heritage affected properties is not to prohibit changes, rather to ensure that future change is suitable and appropriate. This requires Council to assess proposed changes on their merits, taking into account how the changes may affect the identified heritage values of the property. In some cases, proposed changes may be assessed as having the potential to unreasonably impact heritage values and, therefore, will not be supported. Undertaking this process of assessment ensures that Council is meeting requirements set by the NSW State Government to identify, conserve and enhance heritage areas (‘Greater Sydney Region Plan: A Metropolis of Three Cities’, March 2018). Once areas have been identified as worthy of heritage listing, it is Council’s responsibility to ensure that these sites are managed appropriately into the future. Building styles and construction techniques constantly evolve and change over time. The introduction of new services, technologies and design principles to older buildings requires a considered and sensitive approach. Council’s planning controls attempt to achieve a balanced outcome in relation to changes. For example, the Development Control Plan encourages the placement of solar panels, solar water heating or antennas at an alternative location within the site (such as an outbuilding or ground locations) where the building is a heritage item or a contributory property (clause 10 - Solar Panels, Solar Water Heaters, Antennae and Other Roof Infrastructure). Designation within a Heritage Conservation Area may mean it will be more difficult to achieve passive solar access to the same extent as a modern dwelling. However this is the case for much of the older housing stock throughout Sydney, such as terraces, due to their design and materials. These dwelling types remain desirable and sought after and are often able to be sensitively modified to provide a high quality modern living environment. Recommendation Subject to Council’s decision on the recommendations for this report, the resident to be advised in terms of the response above.
Submission				Issues raised
6. Resident (this submission also included matters relevant to the Community Strategic Plan which are addressed in the post exhibition report for that plan.)				· Supports a return to full use of all netball courts at Canoon Road, South Turramurra. · Raised concerns that netball court lighting at Canoon Road, as identified by Council in 2015 to assist in limiting traffic impacts on residents, has not been installed due to objections from a minority.
Response As per the resolution at the Ordinary Meeting of Council on 13 March 2018, Council is in the process of completing an environmental assessment, acoustics test and traffic management assessment and including these with the report to Council in July. If adopted, the amendment to the Plan of Management will allow floodlit access to night training and competition (Monday to Thursday between 5.00pm – 8.00pm) for netball. Recommendation Subject to Council’s decision on the recommendations for this report, the resident to be advised in terms of the response above.
Submission			Issues raised
7. Gordon District Women’s Cricket Club			This submission refers to the proposed Sportsfield upgrade of Warrimoo Oval, St Ives Chase to extend and expand usage by upgrading the playing surface (page 119 of Capital Projects list in the draft Delivery Program and Operational Plan). The club requests: · Investigation and design to consider health and wellbeing concerns associated with potential heat stress impacts playing cricket on synthetic surfaces · Any construction activity to be limited to the winter sports season · Other users of the ground to be consulted. The club also advised of its willingness to participate in any consultation and design processes.
Response The various matters raised by the club are noted and will be given due consideration in the development of the final scope of works for the project which is still to be determined and is subject to further planning, investigation and design during 2018-2019, at which time all stakeholders will be consulted. Recommendation Subject to Council’s decision on the recommendations for this report, the Gordon District Women’s Cricket Club to be advised in terms of the response above.
Submission		Issues raised
8. Northern Suburbs Football Association Inc.		The Northern Suburbs Football Association (NSFA) advised: · It is one of the largest community sporting organisations in Australia with total membership exceeding 16,300 players and including 15 clubs located in Ku-ring-gai LGA with more than 7000 players. · The Association support’s Council’s investment in sporting venues generally and the following specific projects listed in the 2018-2019 Capital Works Program and Operational Projects in the exhibited draft Delivery Program and Operational Plan on the basis that they will bring significant benefits to the football community: o St Ives Showground - $819,000 (p117) - Upgrade of main carpark, protection of forest o Howson Oval - $127,700 (p117) - Upgrade of carpark o Koola Park - $64,000 (p117) - Carpark and surrounds o Roseville Park – $257,100 (p118) - Implementation of Stage 2 Masterplan o Primula Oval – $442,300 (p119) - Sportsfield upgrade including lighting, irrigation and fencing o Bannockburn Oval – $25,600 (p119) - Masterplan investigation and design o Warrimoo Oval – $61,400 (p119) - Planning, investigation and design for possible conversion to synthetic grass in 2020.
Response All of the projects nominated by NSFA are currently listed in the 2018-2019 Capital Works Program and Operational Projects in the exhibited draft Delivery Program and Operational Plan for implementation during the 2018 - 2019 financial year subject to competing project priorities and the availability of Council resources. Recommendation Subject to Council’s decision on the recommendations for this report, the Northern Suburbs Football Association to be advised in terms of the response above.
Submission		Issues raised
9. Step into Life Personal Training – St Ives		Submission objecting to the proposed personal trainer fee increase in the exhibited draft Fees and Charges 2018 – 2019 for the following reasons: · The proposed fee increase is excessive in comparison to recent goods price increases, CPI and wages increases. · There has been no visible improvement to the quality of Council’s training sites. · Step into Life have been advised that sporting clubs have preference in use of the grounds. For some sessions members can only use small areas of grass around the side of the oval. Faulty floodlights and sensors have also been issues at the Village Green. · Step into Life are long term hirers and take utmost care of the sporting facilities. · Member patronage and income has been significantly affected by the Live Life Get Active organisation, sponsored by Council to provide free outdoor training at Bannockburn Oval in Pymble and Primula Oval in Lindfield and which does not pay a hiring fee.
Responses · The proposed new fees for 2018 – 2019 are excessive and represent an increase of 14% In relation to Personal Trainers the proposed fees changes for 2018/19 are: o From $23.50 (2017/18) to $28.00 (up to 8hrs) usage per week – an additional $4.50 per week o From $36.00 (2017/18) to $41.00 (over 8hrs) usage per week - an additional $5.00 per week Step into Life use Ku-ring-gai’s fields approximately 10hrs a week. The new fees equates to the personal trainers paying an extra $250.00 a year ($5.00/week). It is noted that Step into Life will likely charge an individual in the order of $45/week per person. In comparison to neighbouring Council fees the proposed fee increase for personal trainers in Ku-ring-gai sits in the middle of the fee range charged by these councils. Over the last 2 years, Council’s adopted classification system has increased sports/school groups fees in Ku-ring-gai consistent with other NSROC Councils. In this case hirer fees increased by up to 100% over the last 2 years. · There has been no visible improvement in the quality of the product that Council provides. While Council’s sports fields and parks are well maintained many are highly used throughout the sports seasons. Personal trainers are permitted to train on top of the maximum 30hrs/week we permit on our floodlit fields. This includes sites that have the most usage ie. The Village Green, Turramurra Oval and Lindfield Oval. Council’s ongoing capital improvements to sportsfields has benefits for all users when completed at each site. Council officers can discuss relocation to other parks and sports fields if Step into Life are seeking a superior surface for training. Any issues associated with vandalism and the maintenance of fields and amenities should be reported on to council staff to address. · Sporting clubs have preference in use of the grounds and in some sessions we do not have use of the oval and are relegated to the small patches of grass around the side of the oval. There have also been issues with faulty floodlights and sensors at the Village Green. Council’s fees and charges have always clearly stated non-exclusive use by personal trainers. It is noted that personal trainers currently pay $4.00/hour compared to some sporting groups which pay $30.00+per/hour during the week. All floodlight issues are currently fixed and any issues should be reported to council staff to address. · Impacts on membership and income from the Council supported Live Life Get Active Live Life Get Active is a new program developed by athlete Jane Fleming to reduce barriers facing many people in fighting obesity. The program works with the support of Councils and local businesses. Currently the program is delivered at two locations in Ku-ring-gai and these locations were selected on the basis that no personal trainers were utilising the space. The program offers free health, fitness and nutritional education both online and in the parks, suburbs and cities of Australia and is a different model from a commercial gym experience. Council has supported two sites where there were no other personal trainers. The program is also running in the ACT, as well as Blacktown, Central Coast, Canterbury-Bankstown, Maitland, Sunshine Coast, Ipswich, Logan City, Moreton Bay and Northern Beaches Councils. Summary For the reasons discussed above the proposed fee increase is considered to be fair and reasonable for personal trainers. The proposed fee places Ku-ring-gai Council in the middle ground of fees for personal trainers using public open space. Recommendation · Subject to Council’s decision on the recommendations for this report, Step into Life – St Ives to be advised in terms of the response above. · Council officers to discuss any current or ongoing issues relating to the condition of specific training locations with representatives of Step into Life. · Council officers to discuss relocation to other parks and sports fields if Step into Life are seeking a superior surface for training.
Submission	Issues raised
10. Step into Life Personal Training – Turramurra and Lindfield	Submission objecting to the proposed personal trainer fee increase in the exhibited draft Fees and Charges 2018 – 2019 for the following reasons: · The proposed fee increase is excessive in comparison to recent goods price increases, CPI and wages increases. · There has been no visible improvement to the quality of Council’s training sites. Lindfield Oval and Turramurra Memorial Park surfaces are in poor condition with poor grass coverage on the running track in Turramurra and rabbit holes at Lindfield resulting in injuries to two members in the recent past. · Step into Life is a long term hirer and takes care of facilities used. This includes ongoing reporting of damage, cleaning of toilets and fields of broken glass and drug paraphernalia. There has been ongoing issues with faulty floodlights and sensors at Turramurra. · Member patronage and income has been significantly affected by the Live Life Get Active organisation, sponsored by Council to provide free outdoor training at Bannockburn Oval in Pymble and Primula Oval in Lindfield and which does not pay a hiring fee.
Response · The proposed new fees for 2018 – 2019 are excessive and represent an increase of 14% In relation to Personal Trainers the proposed fees changes for 2018/19 are: o From $23.50 (2017/18) to $28.00 (up to 8hrs) usage per week – an additional $4.50 per week o From $36.00 (2017/18) to $41.00 (over 8hrs) usage per week - an additional $5.00 per week Step into Life use Ku-ring-gai’s fields approximately 10hrs a week. The new fees equates to the personal trainers paying an extra $250.00 a year ($5.00/week). It is noted that Step into Life will likely charge an individual in the order of $45/week per person. In comparison to neighbouring Council fees the proposed fee increase for personal trainers in Ku-ring-gai sits in the middle of the fee range charged by these councils. Over the last 2 years, Council’s adopted classification system has increased sports/school groups fees in Ku-ring-gai consistent with other NSROC Councils. In this case hirer fees increased by up to 100% over the last 2 years. · There has been no visible improvement in the quality of the product that Council provides. While Council’s sports fields and parks are well maintained many are highly used throughout the sports seasons. Personal trainers are permitted to train on top of the maximum 30hrs/week we permit on our floodlit fields. This includes sites that have the most usage ie. The Village Green, Turramurra Oval and Lindfield Oval. Council’s ongoing capital improvements to sportsfields has benefits for all users when completed at each site. Council officers can discuss relocation to other parks and sports fields if Step into Life are seeking a superior surface for training. · Sporting clubs have preference in use of the grounds and in some sessions we do not have use of the oval and are relegated to the small patches of grass around the side of the oval. Lindfield Oval and Turramurra Memorial Park surfaces are in poor condition with poor grass coverage on the running track in Turramurra and rabbit holes at Lindfield resulting in injuries to two members in the recent past. Council’s fees and charges have always clearly stated non-exclusive use by personal trainers. It is noted that personal trainers currently pay $4.00/hour compared to some sporting groups which pay $30.00+per/hour during the week. All floodlight issues are currently fixed and any issues should be reported on to council staff to address. Any issues associated with vandalism and the maintenance of fields and amenities should be reported on to council staff to address. · Impacts on membership and income from the Council supported Live Life Get Active Live Life Get Active is a new program developed by athlete Jane Fleming to reduce barriers facing many people in fighting obesity. The program works with the support of Councils and local businesses. Currently the program is delivered at two locations in Ku-ring-gai and these locations were selected on the basis that no personal trainers were utilising the space. The program offers free health, fitness and nutritional education both online and in the parks, suburbs and cities of Australia and is a different model from a commercial gym experience. Council has supported two sites where there were no other personal trainers. The program is also running in the ACT, as well as Blacktown, Central Coast, Canterbury-Bankstown, Maitland, Sunshine Coast, Ipswich, Logan City, Moreton Bay and Northern Beaches Councils. Summary For the reasons discussed above the proposed fee increase is considered to be fair and reasonable for personal trainers. The proposed fee places Ku-ring-gai Council in the middle ground of fees for personal trainers using public open space. Recommendation · Subject to Council’s decision on the recommendations for this report, Step into Life – Turramurra and Lindfield to be advised in terms of the response above. · Council officers to discuss any current or ongoing issues relating to the condition of specific training locations with representatives of Step into Life. · Council officers to discuss relocation to other parks and sports fields if Step into Life are seeking a superior surface for training.

Internal Consultation

The development of the draft Delivery Program and Operational Plan, incorporating the budget, capital works program, statement of revenue policy and fees and charges for 2018 – 2019 was undertaken in full consultation with all departments across Council. Refinements to the draft document, as a result of ongoing review by staff and councillors during the public exhibition period are proposed for inclusion. Minor revisions to tasks and the capital works list are summarised below. Minor typographical and formatting errors identified during the exhibition period have also been corrected along with any updates of statistical data recently received from government agencies.

Theme	Community, people and culture
Reference	Page 56 Issue C3– Community Participation
Objective/ Action	Changed wording of issue
Add/Delete/Change	Change wording of exhibited issue: C3 - Community Participation To the following wording: C3 - Community Connectedness
Reason	The modified wording is consistent with the issue (C3) in the Community Strategic Plan.

Theme	Natural environment
Reference	Page 64 Term Achievement – N4.1.2 – Council’s vulnerability to climate change is reduced.
Objective/ Action	Changed wording of task
Add/Delete/Change	Change wording of exhibited draft task: N4.1.2.1 – Implement initiatives to build Council’s capacity to prepare, respond and recover to the increasing severity and frequency of extreme weather events as a result of a changing climate. To the following wording: N4.1.2.1 – Implement priority actions in the Climate Change Adaptation Strategy.
Reason	The modified wording is simpler and refers directly to Council’s climate change mitigation and adaptation efforts through established policy and strategy.
Theme	Natural environment
Reference	Page 64 Term Achievement – N4.1.2 – Council’s vulnerability to climate change is reduced.
Objective/ Action	Proposed additional task
Add/Delete/Change	Additional task wording: N4.1.2.2 – Implement priority actions in the Climate Change Policy.
Reason	The proposed task differentiates and clarifies Council’s climate change mitigation and adaptation efforts being undertaken through established policy and strategy.

Theme	Places, spaces and infrastructure
Reference	Page 71 Term Achievement – P6.1.1 - A program is being implemented to improve existing recreation, sporting and leisure facilities and facilitate the establishment of new facilities.
Objective/ Action	Changed wording of task
Add/Delete/Change	Change wording of exhibited draft task: P6.1.1.10 – Implement priority actions from the Unstructured Recreation in Natural Areas Strategy. To the following wording: P6.1.1.10 Implement priority actions from the Recreation in Natural Areas Strategy.
Reason	This is the correct name of the Strategy.

Theme	Places, spaces and infrastructure
Reference	Page 73 Term Achievement – P8.12 - Programs for infrastructure and asset maintenance management are delivered in accordance with adopted Asset Management Strategy and Plans.
Objective/ Action	Remove below duplicated Operational Plan task which is listed already as P8.1.2.4.
Add/Delete/Change	P8.1.2.5 Deliver Drainage Capital Works Programs on time and within budget.
Reason	This task was included in the draft Operational Plan twice.

Theme	Leadership and governance
Reference	Page 85 Term Achievement – L3.1.3 – Sustainability is integrated into Council’s business framework.
Objective/ Action	Changed wording of task
Add/Delete/Change	Change wording of exhibited draft task: L3.1.3.3 – Review and implement policies, strategies and plans to advance sustainability and environmental management. To the following wording: L3.1.3.3 – Review policies, strategies and plans to advance sustainability and environmental management.
Reason	The implementation of policies and strategies is covered in other Operational Plan tasks.

Theme	Leadership and governance
Reference	Page 90 Performance Indicator 2018 – 2019 · Percentage change in lost time injuries per year · Baseline - in 2016/17, there was a 22% reduction in lost time injuries · Trend - maintain or increasing
Objective/ Action	Change wording of performance indicator trend
Add/Delete/Change	Changed trend wording to: · Trend – maintain or improving
Reason	The modified wording makes the intent of the trend clearer.

Various	Capital works project descriptions
Reference	Page 117 – Gordon Recreational Ground, Werona Avenue, Gordon
Add/Delete/Change	Change project description from: “Upgrade existing district park after landscape masterplan adopted to include accessible toilet, new park lighting and embellishment of heritage character elements” to: “District Park Upgrade in keeping with adopted landscape masterplan – works to include accessible toilet, new park lighting, pathways and embellishment of heritage character”
Reason	The modified description reflects Council’s resolution, at its meeting of 12June 2018, to adopt the landscape masterplan for the site.
Reference	Page 117 – Roseville Park , Roseville
Add/Delete/Change	Change project description from: “Stage 1 implementation of Roseville Park landscape master plan - community picnic facilities, fencing, cricket nets extension, park furniture, playground, heritage interpretive signage, public art, fitness stations. Potential tennis pavilion in partnership with stakeholders.” to: “Stage 1 Implementation of Roseville Park landscape master plan including tennis pavilion and associated infrastructure in partnership with stakeholders”.
Reason	To clarify the Stage 1 scope of works for 2018 – 2019.
Reference	Page 118– Roseville Park, Roseville
Add/Delete/Change	Change project description from: “Stage 2 implementation of Roseville Park landscape master plan - community picnic facilities, fencing, cricket nets extension, park furniture, playground, heritage interpretive signage, public art, fitness stations. Potential tennis pavilion in partnership with stakeholders.” to: “Stage 2 Implementation of Roseville Park landscape master plan - community facilities including picnic shelters, fencing, cricket nets extension, park furniture, playground, heritage interpretive signage, public art, fitness stations, accessible paths and landscape works”.
Reason	To clarify the Stage 2 scope of works for 2018 – 2019.
Reference	Page 118 – St Ives Village Green, St Ives
Add/Delete/Change	Change project description from “St Ives Village Green new playground and landscaping, St Ives Village Green” to: “Youth Precinct Stage 2 implementation.”
Reason	The broader project is currently in design development with the full scope of works to be defined.
Reference	Page 118 – Duff Street and Allan Avenue, Turramurra
Add/Delete/Change	At the end of the project description “Construction of the newly acquired park at Duff Street” add the words “and Allan Avenue Turramurra”.
Reason	The full text lines were not printed in the draft document.
Reference	Page 119, 126, 131 – Bannockburn Oval, corner Bannockburn Road and Birubi Avenue, Pymble
Add/Delete/Change	Change project description from: “Bannockburn Oval - Masterplan & sportsfield upgrade: 2019 Planning Phase - masterplan completion, investigation and design; 2021 Construction Phase - expand use by upgrading playing surface, irrigation, drainage, water harvesting, seating, fencing, lighting & carparking (subject to Masterplan consultation & Environmental Levy co-funding)” to: “Masterplan & sportsfield upgrade: 2018/19 Planning Phase - masterplan completion; 2019/20 Design Phase – investigation, design development and documentation; 2020/21 Construction Phase - expand use by upgrading playing surface, irrigation, drainage, water harvesting, seating, fencing, lighting & carparking (subject to Masterplan consultation & Environmental Levy co-funding).
Reason	The modified description clarifies the staged scope of works and delivery timeframes.

Reference

Page 130 – Queen Elizabeth Reserve, Lindfield

Add/Delete/Change

Change project description from

“Playground accessible toilet, heritage interpretive signage, community picnic facilities, cycleway upgrade, green infrastructure.”

to:

“Planning and design for delivery of park upgrade including playground accessible toilet, heritage interpretive signage, community picnic facilities, cycleway upgrade and landscaping”.

Reason

The modified description clarifies the staged scope of works and delivery timeframes.

Summary

The draft Delivery Program 2018 - 2021 and draft Operational Plan 2018 – 2019, incorporating the budget, capital works program, statement of revenue policy and fees and charges for 2018 – 2019 have been prepared in accordance with the Local Government Act, 1993, and the Integrated Planning and Reporting framework.

The minor changes proposed to the exhibited draft Delivery Program and Operational Plan including the budget, capital works program and fees and charges for 2018 - 2019, in the report, are not considered to have a substantial or material change to the strategic direction and delivery of Council’s services and projects. For this reason it is recommended that Council adopt the revised documents without the need to re-exhibit.

Recommendation:

A. That Council adopts the Delivery Program 2018 - 2021 and Operational Plan 2018 – 2019, incorporating the Budget, Capital Works Program, Statement of Revenue Policy and Fees and Charges for 2018 – 2019, with recommendations discussed in this report.

B. That an ordinary rate in the dollar of $0.00066010 on the unimproved capital value of all rateable land categorised as residential in the Council area be made for the period of 1 July 2018 to 30 June 2019.

C. That an ordinary rate in the dollar of $0.00454921 on the unimproved capital value of all

rateable land categorised as business in the Council area be made for the period of 1 July 2018 to 30 June 2019.

D. That the minimum ordinary rate for both residential and business be set at $526.00 for the period 1 July 2018 to 30 June 2019.

E. That an infrastructure - primary rate in the dollar of $0.00030548 on the unimproved capital value of all rateable land categorised as residential or business in the Council area, with a $272 base amount be made for the period of 1 July 2018 to 30 June 2019.

F. That an infrastructure special rate in the dollar of $0.00003726 on the unimproved capital value of all rateable land categorised as residential or business in the Council area, with a $32 base amount be made for the period of 1 July 2018 to 30 June 2019.

G. That an environmental special rate in the dollar of $0.00007126 on the unimproved capital value of all rateable land categorised as residential or business in the Council area, with a zero base amount, be made for the period of 1 July 2018 to 30 June 2019.

H. That the voluntary pensioner rebate be granted to all eligible pensioners as a flat percentage of 8.5% of total rates and charges in 2018 - 2019.

I. That Council writes to all residents and groups that made submissions in relation to the draft Delivery Program 2018 - 2021and draft Operational Plan 2018 – 2019.

Helen Lowndes

Integrated Planning Co-ordinator

Deborah Silva

Manager Integrated Planning, Property & Assets

Angela Apostol

Manager Finance

David Marshall

Director Corporate

Andrew Watson

Director Strategy & Environment

Ordinary Meeting of Council - 26 June 2018	GB.4 / 89

Item GB.4	S10973-25

Lindfield Village Hub - Update

EXECUTIVE SUMMARY

purpose of report:	The purpose of this report is to update Council on the status of procurement planning for the Lindfield Village Hub (Project) and provide recommendations on the method and timing of procurement activities to deliver the Project.

background:	On 23 May 2017, Council resolved to procure the Lindfield Village Hub using a competitive tendering process under Section 55 of the Local Government Act 1993 (NSW) (LGA). Council’s Resourcing Strategy 2013 – 2025 (Revised June 2015) states that where Council plans a large scale ‘community hub’ type project, such as planned for Lindfield Village Hub it is expected that: “…these projects should be commercially feasible in their own right such that they do not require the disposal of other assets, long term borrowings, or a drain on ordinary rates revenue…” In late 2017, a review of Council’s Long Term Financial Plan was undertaken. This review reaffirmed the requirement for projects such as the Lindfield Village Hub to be self-funding and this includes being able to provide for asset depreciation over the long term.

comments:	In late 2017 and early 2018 Council re-visited the Delivery Strategy for the Lindfield Village Hub to find ways to make the Project become ‘self -funding’ both in terms of cost to construct / deliver and funding of operational and maintenance costs, including depreciation. The analysis provided by CBRE indicated that, subject to planning, the market could possibly offer a range of development solutions that would meet Council’s financial requirements and deliver the Community Infrastructure and Services identified in Council’s adopted masterplan. This may require controls for the project to increase from the adopted masterplan of FSR 1.3:1 to something approaching FSR 2.5:1, subject to planning assessment. CBRE also conducted Market Sounding in late 2017 and advised there is considerable interest by the development community in participating in the Project. Under a section 55 competitive tender process, the next step for Council in delivering the Project is to release a non-price/non-design Expression of Interest (EOI) into the general market. Council has been advised that it should not consider any unsolicited proposal (USP) at the same time as preparing for and undertaking a competitive tender process as it is highly likely to jeopardise the process.

recommendation:	1. That Council pursue an Expression of Interest (EOI) from the market in or around October 2018, for development of the Lindfield Village Hub. 2. That Council confirm its requirements for the development of Lindfield Village Hub in a meeting of Council prior to the release of the EOI. 3. That Council does not consider any Unsolicited Proposal (USP) during the competitive tender process being undertaken for the Lindfield Village Hub.

Purpose of Report

Background

Project Overview

The Lindfield Village Hub project is an undertaking by Council to create new and sustainable community infrastructure and services by developing 1.3 hectares of Council-owned land and fulfil Council’s strategic objectives for housing, retail and transport-related amenity, and urban renewal.

The Project is likely to involve Council contributing S.94 funds and selling a portion of the land through a structured arrangement, in return for new capital assets and revenue streams.

Procurement Strategy

On 23 May 2017, Council resolved to procure the Lindfield Village Hub (Project) using a competitive tendering process under Section 55 of the Local Government Act 1993 (NSW) (LGA).

Procurement of the Project through competitive tender under s.55 of the LGA enables Council to:

1. Achieve and demonstrate the greatest value for money outcomes.

2. Access a wide range of potential innovative development solutions to choose from.

3. Attract the best possible Development Partner through canvassing the entire market.

4. Encourage developers to participate in future tenders by offering all parties an opportunity to do business with Council.

Procurement Activities

Procurement activities under S.55 of the LGA, have been underway since May 2017 to bring the Project to market including the appointment of specialist advisors for the procurement phase, Market Sounding, and preparation of Council’s requirements.

In late 2017, Council appointed CBRE, real estate advisors and transaction specialists to advise and support Council in its procurement of the Lindfield Village Hub and to carry out Market Sounding, a process to determine the extent of market interest by developers in the Project. Council engaged Minter Ellison as its legal advisor in early 2018 to provide contract structuring and legal advice for the Project.

Comments

Financial Requirements for the Project

Council’s Resourcing Strategy 2013 – 2025 (Revised June 2015) states that where Council plans a large scale ‘community hub’ type project, such as planned for Lindfield Village Hub it is expected that:

“…these projects should be commercially feasible in their own right such that they do not require the disposal of other assets, long term borrowings, or a drain on ordinary rates revenue. Further, where feasible, such projects will be expected to produce a dividend for Council above and beyond the community facilities incorporated in the precinct. Planning for these projects…..should consider the inclusion of commercial opportunities of sufficient return to cover ongoing operational costs of the public spaces in the precinct.”

Financial requirements for the Lindfield Village Hub will require that both capital costs and operating costs – including their service delivery, maintenance, depreciation and renewal costs – do not place a future financial burden on ratepayers or the Council itself. This requirement is referred to as ‘self-funding’.

Financial Due Diligence

Between late 2017 and May 2018, Council undertook a financial due diligence study of the Lindfield Hub site with external advisors, including Henry David York, Minter Ellison and CBRE, to analyse the potential of the market finding development solutions that meet Council’s financial requirements, in particular the requirement to fund ongoing costs of these new public facilities.

The analysis provided by CBRE indicated that, subject to planning, the market could possibly offer a range of development solutions that would meet Council’s financial requirements and deliver the Community Infrastructure and Services identified in Council’s adopted plans. To meet Council’s requirements it is likely that changes to planning controls will be needed. This may require controls for the project to increase from the adopted masterplan of FSR 1.3:1 to something approaching FSR 2.5:1, subject to planning assessment. An extract of this analysis is included in Attachment 1.

CBRE also conducted Market Sounding in late 2017 and advised there is considerable interest by the development community in participating in the Project. A range of developers indicated their interest at that time. This provides the basis for a strong competitive process that will ensure leading innovation and value for money is delivered.

The likely structuring identified by the study is that Council will contribute S.94 funds and divest a portion of the land through a structured arrangement, in return for new Council owned capital assets and, potentially, revenue streams.

Council has not yet undertaken any planning or environmental impact risk assessment of its financial requirements. This will be undertaken prior to issue of a Request for Detailed Proposals (RFDP). Any proposal will be subject to the formal regulatory processes and be determined by an external panel to Council.

Appointment of a Development Partner

Using the competitive tender process, Council will seek to appoint a Development Partner with whom it will enter into an agreement to develop the Lindfield Village Hub site. The Development Partner will propose a mix of development uses which can achieve Council’s requirements and, subject to planning and approvals, will take responsibility for design and construction, including of Council’s new assets, and the sale and leasing of the non-Council assets.

In return for part-funding and developing new community assets and leaseholds, to be owned by Council, the Developer will be granted the right to develop some of the land for sale and lease to private interests. This would be both residential and commercial uses.

The first step in the tender process is to invite the general market to express interest and submit capability statements through a non-price/non-design Expression of Interest (EOI) process. The EOI will include descriptions of Council’s objectives and minimum requirements. It will outline the nature and timing of the procurement process and information required from respondents to the EOI. Evaluation of the EOI responses results in a select number of suitable developers who then receive the tender documents containing Council’s detailed requirements including legal and financial terms, referred to as a Request for Detailed Proposals or Request for Tender (RFDP or RFT).

Timing

A recommended target program for the EOI is provided in Attachment 2. The following should be noted with regards to the EOI process:

1. Suitably qualified consultants will be appointed to prepare the EOI to meet legal and market requirements.

2. Council will be required to confirm its high level requirements to inform the EOI.

3. Further information about the overall procurement process will be provided to the Council at its meeting on the 24^th July 2018.

4. Timing is subject to Council agreeing its high level requirements for the EOI.

Based on advice from both CBRE and Minter Ellison, it is anticipated an EOI will be released to the market in or around October 2018.

Unsolicited Proposals

Council has been advised that it should not consider any unsolicited proposal (USP) at the same time as preparing for and undertaking a competitive tender process as it is highly likely to jeopardise the process, particularly where a USP approach is made in connection with an existing project, such as the Lindfield Village Hub and submitted by a proponent who may participate in the forthcoming competitive tender process. A copy of legal advice provided to Council is included in Attachment 3.

Fabcot Unsolicited Proposal

A USP was received by Fabcot in May 2018. This has not been assessed by Council either formally or informally for the reasons noted above. However, it is noted that this USP has not been made in relation to a unique project previously unconsidered by Council – it has been made in relation to the Lindfield Village Hub which is an existing Council project that has been publicly foreshadowed by Council and informally announced to the market by way of a market sounding.

While the market is aware of some general features of the Project, neither the market, nor the proponent of the USP, is aware of unannounced aspects of the Project such as Council’s requirement for value for money, or Council’s particular financial requirements for the Project. Accordingly, without this knowledge, it is highly unlikely that any USP submitted in relation to Lindfield Village Hub will comply with Council's requirements. Further, if Council chose to enter into negotiations with a USP proponent it would involve non-competitive negotiations by Council around requirements which are not yet documented, exposing Council to probity risk and delivering none of the benefits of a Section 55 tender process as noted above.

Pedestrian bridge

On 8 May 2018, Council resolved that a pedestrian bridge would be highly desirable for the Lindfield Village Hub Project. Provision for encouraging funding/delivery of a bridge solution will be made under the Section 55 process for the Lindfield Village Hub.

integrated planning and reporting

Places, Spaces and Infrastructure - P4 Revitalisation of our centres

Community, People and Culture - C4 Healthy lifestyles

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

A range of well planned, clean and safe neighbourhoods and public spaces designed with a strong sense of identity and place.

P4.1.1

Plans to revitalise local centres are being progressively implemented and achieve quality design outcomes in collaboration with key agencies, landholders and the community.

P4.1.4

An improvement plan for Lindfield centre is being progressively implemented in collaboration with owners, businesses and state agencies.

Implement a place management approach for the local centre improvements to coordinate works and achieve quality outcomes.

Engage with relevant stakeholders to establish timing, extent and partnership opportunities.

Undertake due diligence and undertake project scope.

Identify and engage with the key stakeholders.

A healthy, safe, and diverse community that respects our history, and celebrates our differences in a vibrant culture of learning.

C4.1.2

New and enhanced open space and recreational facilities have been delivered to increase community use and enjoyment.

Undertake acquisitions for new parks.

Undertake assessment and identify locations for new parks

Complete the design for identified parks and include design principles which facilitate passive recreation activities.

Construct parks at identified locations and include design principles which facilitate passive recreation activities

Governance Matters

The full list of Council reports which pertain to the Lindfield Community Hub project have been set out below for reference:

1. OMC – 26 June 2012 – GB.9 - Council Car Park – Woodford Lane, Lindfield – Reclassification

2. OMC – 26 February 2013 – GB.16 - Woodford Lane, Lindfield Commuter Car Park

3. OMC – 28 May 2013 – GB.10 - Lindfield Community Hub and Commuter Car Park – Next Steps

4. OMC – 30 July 2013 – GB.5 – Proposed Reclassification of 1B Beaconsfield Parade and 19 Drovers Way, Lindfield (Woodford Lane Car Park) to Operational Land Following the Exhibition and Public Hearing Process

5. OMC – 12 November 2013 – C.1 - Potential Property Acquisition – Lindfield

6. OMC - 10 December 2013 - GB.19 - Lindfield Village Green - Tryon Road - Project Update

7. OMC – 24 June 2014 – C.1 - Property Acquisition - Lindfield

8. OMC – 9 September 2014 – GB.4 – Lindfield Community Hub – Woodford Lane – Report on Progress

9. OMC - 11 November 2014 – GB.7 – Lindfield Community Hub – Probity Matters

10. OMC – 25 November 2014 – GB.8 – Lindfield Community Hub – Probity Management Plan

11. OMC – 9 December 2014 – Tender No. RFT22/2014 – Lindfield Community Hub – Tender For Consultants to Prepare Illustrative Development Options and Master Plan

12. OMC – 21 April 2015 – GB.5 – Compulsory Acquisition of Roads – Lindfield

13. OMC – 8 September 2015 – GB.9 – Lindfield Community Hub Preferred Option

14. OMC - 6 October 2015 – GB.10 – Lindfield Community Hub - Update Report

15. OMC - 10 November 2015 – GB.11 - Lindfield Community Hub – Planning Proposal and Site-Specific DCP

16. OMC – 10 November 2015 – GB.9 - Lindfield Local Centre – Commuter Car Parking

17. OMC - 8 December 2015 – GB.8 – Lindfield Community Hub – Project Delivery

18. OMC - 19 July 2016 – C.2 – Update On Discussions With 2^nd 3^rd Lindfield Scout Group at 1A Beaconsfield Parade, Lindfield

19. OMC - 6 September 2016 – GB.9 - Consideration of Submissions - Planning Proposal to Amend KLEP(LC) 2012 to Change the Zoning, Height, FSR at Woodford Lane and Drovers Way, Lindfield - Lindfield Community Hub Site

20. OMC - 6 September 2016 – GB.13 – Public Roads Within Lindfield Major Project Sites

21. OMC - 28 February 2017 – C.1 – Initial Assessment of Project Proposal by the Office of Local Government

22. OMC - 23 May 2017 – C.1 – Legal Advice for Procurement and Delivery Options

23. OMC – 27 Jun 2017 – GB.12 - Lindfield Community Hub – update

24. OMC – 27 Jun 2017 – GB.7 - Public Roads within Major Projects Sites

25. OMC – 18 July 2017 – GB.7 - Legal Services Tender - Council decision

26. OMC – 22 August 2017 – GB.9 - Public Roads within Major Projects Sites

27. OMC – 14 November 2017 – C.2 - Legal Services Tender – change in circumstances

28. OMC – 12 December 2017 – GB.12 - Lindfield Village Hub Reference Committee

29. OMC – 10 April 2018 – GB.3 - Lindfield Village Hub Reference Committee – establishment and nomination

30. OMC – 10 April 2018 – GB.2 – Major Projects Governance, Resourcing and Financing

31. OMC – 8 May 2018 – NM.1 – F - Pedestrian bridge is highly desirable

Risk Management

A risk assessment has been undertaken as part of the due diligence work by CBRE. The risk assessment will be updated during the finalization of the Council’s business requirements and preparation of the RFDP.

Financial Considerations

The financial considerations arising from this report relate mainly to Council’s ability to achieve best value for money from the market and to reduce its financial risk exposure in the short to long term, whilst meeting its obligations to provide and operate new community infrastructure.

Social and ECONOMIC Considerations

The social and economic considerations arising from this report relate mainly to ensuring that Council is able to realise new and sustainable community services, assets and places through a well-considered asset and service delivery strategy that can be successfully part-funded and delivered by the private sector.

Environmental Considerations

There are no direct environmental considerations arising from this report

Community Consultation

A public communication and consultation process around potential changes to planning controls and environmental impacts for the Lindfield Village Hub will commence in August 2018. Outcomes of the public communication and consultation process will be reported to Council prior to providing a recommendation to release a detailed request to tender to the market calling for binding financial offers, which is referred to as a Request for Tender or Request for Detailed Proposals (RFDP).

Internal Consultation

Councillors Major Projects Consultation Forum – 5 June 2018

Major Project Steering Committees – 22 May 2018 & 12 June 2018

Summary

This report has provided an overview of the procurement related activities undertaken for the Lindfield Village Hub (Project) since late 2017 and provides recommendations in relation to the methodology and timing for the next steps of the procurement process and how to treat unsolicited proposals received during this process.

Recommendation:

1. That Council pursue an Expression of Interest (EOI) from the market in or around October 2018, for development of the Lindfield Village Hub.

2. That Council confirm its requirements for the development of Lindfield Village Hub in a meeting of Council prior to the release of the EOI.

3. That Council does not consider any Unsolicited Proposal (USP) during the competitive tender process being undertaken for the Lindfield Village Hub.

Juliet Byrnes

Project Manager - Major Projects

Craig Calder

Interim Leader - Major Projects

John McKee

General Manager

Attachments:	A1	Attachment A1 - Lindfield Village Hub - Update - Due Diligence Extract	Confidential
	A2	Attachment A2 - Lindfield Village Hub - Update - Key Target Dates	Confidential
	A3	Attachment A3 - Lindfield Village Hub - Update - Legal Advice	Confidential

Ordinary Meeting of Council - 26 June 2018	GB.5 / 96

Item GB.5	S10577/3
	8 February 2018

Save Marian Street Theatre Committee - Fundraising Feasibility Study and Business Plan

EXECUTIVE SUMMARY

purpose of report:	To provide Councillors with the Fundraising Feasibility Study and Business Plan developed by the Save Marian Street Theatre Committee (SMSTC).

background:	The Save Marian Street Theatre Fundraising Feasibility Study was undertaken by Evelyn Mason and Associates in October 2017. A Business Plan, based on the recommendations from the fundraising feasibility study, was developed by the SMSTC in May 2018.

comments:	The Feasibility Study and Business Plan provide a strategy that delivers the refurbishment and re-opening of the Marian Street Theatre through a $4M public fund raising campaign. The fund raising campaign required a capital contribution from Council of approximately $6M. It also required $614,000 to $883,000 for fundraising costs, operational funding of $1M p.a. for the first 2 years, followed by an annual subsidy of $546,000, and a 25 year lease on the theatre.

recommendation:	That, given Council has recently resolved to include the renewal of the Marian Street Theatre in the Long Term Financial Plan, Council receives and notes the 3 year SMST fundraising campaign, and Council staff continue to work with the SMSTC and the community, in developing plans for the refurbishment and future management of the Marian Street Theatre. This report also recommends that Council acknowledge the significant work undertaken to date by the SMSTC.

Purpose of Report

To provide Councillors with the Fundraising Feasibility Study and Business Plan developed by the Save Marian Street Theatre Committee (SMSTC).

Background

On 20 September 2016, Council resolved to provide ‘in principle’ support to a fundraising initiative proposed by the Save Marian Street Theatre Committee (SMSTC).

Council received a Business Plan from the SMSTC in November 2016, proposing to conduct a public fund raising campaign to refurbish the Marian Street theatre. As part of this Business Plan, the committee requested funding from Council of $36,500 to determine costs for the renovation of the theatre and to carry out a feasibility study to investigate the viability of a public fundraising campaign.

On 6 December 2016 Council considered a report in relation to the committee’s proposal. Council subsequently resolved to engage an independent consultant to conduct a probity and risk review of the SMST Business Plan, and for a report come to Council containing strategies from the review.

Council appointed O’Connor Marsden to conduct the independent probity and risk review and in February 2017 and the results of the independent probity and risk review of the SMSC Business Plan were reported to Council.

On 20 June 2017 Council resolved to identify the Marian Street site as the preferred option for the theatre in Ku-ring-gai, Council reaffirmed support for the work of the Save Marian Street Theatre Committee, and voted to grant $37,000 to the SMSTC for the cost of a fundraising feasibility study.

On 8 May 2018 Council considered a Notice of Motion (NM.1) and resolved the following (in part):

H. That Council reaffirms the selection of Marian Street (not Gordon Civic Hub) as the location for theatre in Ku-ring-gai, and that the renewal of the Marian Street Theatre is to be added to the Long Term Financial Plan. Construction work must begin in FY2020/21. The funding sources are to be determined at a later stage, but may potentially include proceeds from the sale of the Gordon Bowling Club.

Comments

A fundraising feasibility study was undertaken by Evelyn Mason and Associates and was presented to Councillors and senior staff in November 2017 (Confidential Attachment 1, which also provides a summary report).

The SMSTC has subsequently completed an updated Business Plan (Attachment 2, which also provides a brief Explanation and Synopsis document) to accompany the Fundraising Feasibility study.

Fundraising Feasibility Study – Evelyn Mason and Associates

The recommendations from the Fundraising Feasibility Study indicated that generally there was a favourable response to the fundraising that the SMSTC proposed to undertake, however a number of challenges were identified, and the authors considered that, based on the data gathered, the SMSTC was not yet ready to proceed with a Capital Campaign to raise, at that time, $6.5M over 3 years.

According to the report, the fundamental issue that needed to be resolved, prior to any further work, was assurance that Council would fully support the campaign in the following manner:

· A lead contribution of at least $2M, plus ongoing annual recurrent funding of $1M to $1.5M.

· A person seconded by Council to the SMST Board to provide administrative support one day per week prior to the commencement of the campaign, then 3 days per week throughout the campaign.

· Council and the SMST Board select an appropriate funding CRM system in consultation with the consultants

· Council guaranteed the SMST Board had a 25 year lease on the property with an option to renew

· The report also referred to ongoing fundraising consultant costs of approximately $2,800 per month for Phase 1 from 2018 until July 2019, $12,000 per month from July 2019 to June 2020, then $8,000 per month until 2021, and the final phases until 2023 would be $250 per hour as required. According to the SMSTC Business Plan the total fundraising costs would be between $614,000 and $883,000, plus additional consultant costs at an hourly rate in year 3.

SMSTC Business Plan May 2018

The updated SMSTC Business Plan (11 May 2018) follows the first draft Business Plan that was circulated to Councillors in April 2018.

Capital Costs

The Business Plan estimates the capital costs for the proposed refurbishment of the theatre, which has now been expanded to include a Creative Learning Centre, to be $9.8M.

It suggests that should the fundraising initiative proceed, it would be difficult to raise in excess of $4M over 3 years from the community and State Government grants combined, therefore Council would be required to contribute approximately $6M to the capital costs for the refurbishment of the theatre (assuming the fundraising target of $4M is achieved).

The updated Business Plan proposes a larger extension at the southern end of the building, which, according to the SMSTC, would increase capital costs by $550,000, but would reduce Council’s annual subsidy by $782,000-$600,000. (BP page 3)

The total capital estimate of $9.8M includes a fly tower and wings on the upper level of the main theatre to enable sets to be changed quickly, thus permitting additional uses for the theatre along with increased income.

The mid-level extensions would contain new studios, offices with a reception area and an additional lift for access to the carpark and use by people with disabilities.

The lower level extensions would contain the Creative Learning Centre for young children (Stage 3) The Creative Learning Centre would have a separate entry foyer and contain offices, staff amenities, and a kitchenette. It would also provide children’s toilets and change area, a laundry and kitchen, indoor and outdoor play areas, a children’s rest area, a craft zone, a reading room and storage space.

Operational Costs

The Business Plan estimates ongoing operational costs for the theatre at between $546,000 and $788,000 per annum. These estimates are based on financial modelling that assumes steady income after 3 years of operation from ticket sales, theatre hire and, in the lowest estimate, income of $150,000p.a. from the Creative Learning Centre.

It is difficult, at this stage, to assess the varying operating models and associated levels of subsidy that are contained in the Business Plan, because Council has yet to determine the type of management model, indeed the final design for the refurbished theatre.

It should be noted however, that estimates Council has obtained over past years, indicate that theatres operated by local government generally rely on subsidies of anywhere between $500,000 up to $1.5M per annum.

The amount of subsidy provided by Council will vary according to the type of Management Model that is adopted, along with other factors including, but not limited to, audience numbers, costs of productions, and the mix of productions - commercial productions having a greater ability to generate higher incomes than community based productions.

The SMSTC Business Plan also proposes a variety of spaces for hire. It is anticipated these spaces would be in high demand, as a number of recent facilities studies have identified a significant shortfall in community meeting venues in Ku-ring-gai. High utilisation of these spaces will also result in additional income for the theatre.

At this stage Council has resolved to include the renewal of the Marian Street theatre in the Long Term Financial Plan. The next stage would be for Council to establish a Project Steering Committee to determine the scope of the project, including the design and operating model.

SMSTC Business Plan Summary – Explanation and Synopsis

The SMSTC recommends Council support the Stage 3 development (Creative Learning Centre) contained in the Business Plan. This option includes extensions at the southern end of the theatre with improved vehicular and pedestrian access especially for people with disabilities. The design consists of a renovated 300-seat theatre with a fly tower, a new enlarged foyer, gallery area, a 140-seat flat floor theatre downstairs, office space and studio areas, a seamless link to Selkirk Park with an amphitheatre, and a Creative Learning Centre for preschool children and catering hubs. The total cost for this development is estimated at $9.8M.

The Business Plan offers a funding suggestion that the community and the state government contribute $4M of the $9.8M. These funds would be raised through a professionally-run capital appeal over a 3 year time period with an additional cost to Council of around $600,000 to $900,000 plus additional hourly costs for consultants in year 3.

If however, Council chooses to fund the entire $9.8M, the SMSTC suggests that Council work with the SMSTC in engaging the community in the partial funding and strategic guidance of the management of the theatre. The SMSTC recommends a governance model for the operation of the theatre based on an independent skills-based board of directors.

The Business Plan suggests that by linking the MST and Selkirk Park, the two community assets would be more appreciated than they currently are as separate entities. According to the Business Plan this exciting, futuristic concept perfectly reflects the culturally diverse, family-appreciative, theatre-loving character of Ku-ring-gai.

The Business Plan makes the distinction between a theatre being a venue for hire rather than a producer of theatre, and recommends the MST become a venue for hire and not a producer of theatre. The SMSTC has taken this approach to offer much greater theatrical range, minimise financial risk and to recognise there are more established professional theatre companies than there are venues for performance.

According to the SMSTC, the MST, under a strong management structure, would be a much sought-after venue for commercial, not-for-profit and community hirers from within and beyond Ku-ring-gai, including as a conference centre with syndicate rooms.

The SMSTC estimates recurrent costs at $1M in each of years one and two, with costs falling to $546,000 for subsequent years. This annual subsidy is substantially lower than that provided to similar Council-owned cultural centres.

The sample figures in the Business Plan do not include the potential for donations and sponsorships once the re-opened MST is up and running, which would support special events and improvements.

In summary, the SMSTC Business Plan is asking Council to:

· Adopt the principal recommendations within the SMSTC Business Plan presented in May 2018

· Fund the redevelopment costs of $9.8M by either funding the total amount, or funding $5.8M plus $600,000-$900,000 costs to raise the other $4M from the community and other sources

· Reassure the community that the MST site will remain a cultural theatre centre for Ku-ring-gai for a minimum of 25 years, and

· Budget a Council subsidy of $1M for each of years one and two of operations, and a $546,000 annual subsidy for subsequent years.

Current status and options for Council

Council resolved on 8 May 2018 to include the renewal of the Marian Street Theatre in the Long Term Financial Plan.

Given this recent development, the following are 2 possible options now available for Council:

1. Support a public fundraising campaign, as per the attached Fund Raising Feasibility Study, with a target of $4M over 3 years, with Council committing to capital funding of at least $5.8M. Council would also be obliged to provide $600,000-$900,000 to the fund raising consultants, as well as an assurance of a 25 year lease over the theatre to the SMSTC, or

2. Council to commit to the renewal of the Marian Street Theatre, as per the recent Council resolution, and Council staff commence working with the SMSTC and the community to develop plans for the refurbishment and a future management model for the Marian Street Theatre.

integrated planning and reporting

Community, people and culture

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
C1 - Community Wellbeing	C1.1 An equitable and inclusive community that cares and provides for its members.	Our community facilities are accessible and function as cultural hubs to attract a range of users
C2 - Cultural Diversity and Creativity	C2.1 A harmonious community that respects, appreciates, celebrates and learns from each other and values our evolving cultural identity.	Ku-ring-gai's rich cultural diversity and creativity is celebrated through programs and events.
C4 - Healthy Lifestyles	C4.1 A community that embraces healthier lifestyle choices and practices.	A range of cultural, recreational and leisure facilities and activities are available to encourage social interaction and stimulate everyday wellbeing.
P8 Improving the standard of our infrastructure	P8.1 An improved standard of infrastructure that meets the community’s service level standards and Council’s obligations as the custodian of our community assets.	Our public infrastructure and assets are planned, managed and funded to meet community expectations, defined levels of service and address inter-generational equity.
		Programs for infrastructure and asset maintenance management are delivered in accordance with the adopted Asset Management Strategy and Plans.

Governance Matters

The Council resolution of 8 May 2018 placed the renewal of the Marian Street Theatre in the Long Term Financial Plan, which will be presented to Council on 26 June 2018.

Additionally, a number of probity and risk matters would need to be addressed should Council decide to support the public fund raising campaign.

Risk Management

This report recommends Council not proceed with the fundraising initiative proposed by the SMSTC due to the fact that Council resolved on 8 May 2018 to include the renewal of the Marian Street Theatre in the Long Term Financial Plan.

With Council providing full funding for the renewal of the MST any real or perceived reputational risks associated with paying approximately $600,000-$900,000 to external fund raising consultants would be mitigated.

Financial Considerations

Financial options available to Council are to:

1. Support the fundraising campaign and the SMSTC Business Plan by

· Committing to funding of at least $5.8M for the refurbishment of the Marian Street theatre after a period of 3 years, assuming the public fundraising campaign achieves $4M during this time.

· Committing to the payment of fund raising consultants of $600,000-$900,000 over 3 years, regardless of whether the target of $4M is achieved during this time

· Committing to a 25 year lease to the SMSTC over the Marian Street theatre

· Providing ongoing funding of at least $540,000 to $788,000 (depending on the management model) per annum, for the operation of the theatre

2. Council commit to the full refurbishment and management of the theatre by

· Including the renewal of the Marian Street Theatre in the LTFP

· Council staff working with the SMSTC and the community to develop concept plans for the renewal and future management model for the MST

Social Considerations

It is anticipated there would be wide-ranging benefits for the community should the MST be refurbished and re-opened to the community as a multi-generational arts and cultural facility.

Benefits would include increased social cohesion through bringing the community together to enjoy a range of shared cultural experiences, along with increased tourism and visitor numbers, resulting in a boost to the local economy.

Historically the Northside Theatre Company, the resident theatre company at the MST, provided the MST with a fine reputation as a theatre of outstanding quality, with strong community support.

This community support is still evidenced by the fact that the SMSTC has an established data base of approximately 3,000 people who are keen to see live theatre returned to Marian Street.

Additionally, Council has recently updated the community facilities studies which indicate an increased demand for community performance, rehearsal and meeting spaces. A refurbished theatre would provide such a space for the community.

Environmental Considerations

There are no immediate environmental considerations associated with presenting the Feasibility Study and Business Plan to Council. Environmental matters associated with renewal of the Marian Street Theatre and its ongoing operations would be considered in detail through the DA process.

Community Consultation

There has been no direct community consultation in the writing of this report.

Consultation with the community, however, has occurred on numerous occasions with regard to the provision of live theatre in Ku-ring-gai.

Council engaged consultants Straight Talk to undertake community engagement based on what the community thinks the future of live performance in Ku-ring-gai should be. The Straight Talk report (August 2015) indicated strong support within the community for live theatre in Ku-ring-gai.

Results from the Straight Talk community engagement included:

· Live theatre and performance is important. There is strong support for live performance in Ku-ring-gai

· Most people attend live performance at least once or twice a year and most people identify Art and Culture as important elements for a community

· There is a high degree of awareness of the Marian Street Theatre and most people have attended a performance there

· Most people believe they would attend live performances in the LGA should they be available

It is anticipated that further community consultation would be undertaken in conjunction with the MST renewal project.

Internal Consultation

Staff from all departments across Council have been consulted in the writing of this report.

Summary

The Save Marian Street Theatre Fundraising Feasibility Study was undertaken in October 2017. A Business Plan, based on the recommendations from the fundraising feasibility study, was developed by the SMSTC in May 2018.

The Feasibility Study and Business Plan provide a strategy that delivers the refurbishment and re-opening of the Marian Street Theatre through a $4M public fund raising campaign. The fund raising campaign also requires a capital contribution from Council of approximately $6M, $600,000-$900,000 for fundraising consultants, annual operational funding of $1M p.a. for the first 2 years, followed by a subsidy of $546,000 annually, plus a 25 year lease on the theatre.

Council resolved on 8 May 2018 to include the renewal of the Marian Street Theatre in the Long Term Financial Plan.

The following options are now open to Council:

· To support the public fundraising campaign, with a target of $4M over 3 years, and Council commit to capital funding of at least $5.8M. Council is also required to provide $600,000-$900,000 to the fund raising consultants, as well as an assurance of a 25 year lease over the theatre to the SMSTC, or

· To commit to the renewal of the Marian Street Theatre, consistent with the recent Council resolution, with Council staff to commence working with the SMSTC and the community to develop plans for the renewal and future management of the Marian Street Theatre.

This report recommends that, given Council has recently resolved to include the renewal of the Marian Street Theatre in the Long Term Financial Plan, Council receives and notes the 3 year SMST fundraising campaign, and Council staff continue to work with the SMSTC and the community, in developing plans for the renewal and future management of the Marian Street Theatre.

This report also recommends that Council acknowledge the significant work undertaken to date by the SMSTC.

Recommendation:

A. That Council receive and note the Save Marian Street Theatre Fundraising Feasibility Study (November 2017) and the Save Marian Street Theatre Committee Business Plan (May 2018).

B. That Council note the renewal of the Marian Street Theatre has been added to the Long Term Financial Plan.

C. That Council establish a Project Steering Committee and staff continue to work with the Save Marian Street Theatre Committee and the community, in developing plans for the renewal and future management of the Marian Street Theatre.

D. That Council acknowledge and thank the Save Marian Street Theatre Committee for their contribution and the significant work that has been undertaken to date.

Janice Bevan

Director Community

David Marshall

Director Corporate

Attachments:	A1	Save Marian Street Theatre - Fundraising Feasibility Study and Executive Summary		Confidential
	A2	Marian Street Theatre - Business Plan - May 2018		2018/133420

Ordinary Meeting of Council - 26 June 2018	GB.8 / 117

Item GB.8	S11436
	28 March 2018

Havilah Lane Lindfield - 51, 55 and 55A Lindfield Avenue Lindfield - Draft Voluntary Planning Agreement - Exhibition Report

EXECUTIVE SUMMARY

purpose of report:	To seek Council’s endorsement for the statutory exhibition of a draft Planning Agreement to enable land dedication for the widening of Havilah Lane in Lindfield.

background:	Council’s plans make provision for the widening of Havilah Lane to achieve improved vehicular access and pedestrian amenity. Ku-ring-gai Contributions Plan 2010 makes provision for the completion of the streetscape works but does not levy for the cost of land acquisition, seeking the land by dedication.

comments:	This report provides an overview of the Havilah Lane widening with its proposed public domain improvements and recommends the exhibition of the draft Planning Agreement for 51, 55 and 55A Lindfield Avenue, Lindfield to formalise the land dedications required to widen Havilah Lane.

recommendation:	That the draft Planning Agreement (VPA) be placed on statutory public exhibition and reported back to Council after the close of the exhibition.

Purpose of Report

To seek Council’s endorsement for the statutory exhibition of a draft Planning Agreement to enable land dedication for the widening of Havilah Lane in Lindfield.

Background

Planning for laneway activations in Ku-ring-gai

As part of the comprehensive strategic planning of Ku-ring-gai’s Local Centres, a programme of laneway activation is supported by the Development Control Plan. Some of the key lanes for widening and/or revitalisation with active street frontages and public domain improvements include: Fitzsimons Lane in Gordon, Post Office Lane in Pymble, Havilah Lane in Lindfield and Forbes Lane in Turramurra. Where achievement of wider lanes is desired, as distinct from entire new streets, the land acquisition component is not included in Council’s Development Contributions Plan in order to ensure a reasonable contribution rate. It is expected that the development potential of the small linear strips of land to be dedicated will be incorporated within the development, stripping the land of its residual value. Consequently it is understood that some of the desired outcomes will only be achieved incrementally over time, however, the present level of redevelopment activity in Ku-ring-gai is facilitating the rolling delivery of these widened laneways.

Laneway dedications from two development sites in Fitzsimons Lane in Gordon are underway and one has been completed; there are no more targeted sites in Fitzsimons Lane. The first dedication from another site in Post Office Lane associated with a current approved development is also underway. Havilah Lane was partially widened in the past and the development site that is the subject of the current draft VPA is the first in line to extend that widening through to Havilah Road.

Planning for Lindfield Local Centre

As part of the strategic planning framework for Lindfield provisions were made for Havilah Lane, which, at present, narrows near the intersection with Havilah Road, to be widened and aligned to provide improved vehicular access and pedestrian amenity – with the dedications shared between development expected to take place over time on properties rezoned as part of the current redevelopment phase. The area around Havilah Lane is currently undergoing significant urban renewal with a number of consolidated properties now either completed or near completion.

The development site

The subject property is located at 51, 55 and 55A Lindfield Avenue Lindfield. It is part of what was a larger consolidated site, the consent for which is now superseded. The southern section of the site was subsequently redeveloped on 43 Lindfield Avenue Lindfield only, and has now been completed.

DA0175/17 for 51-55A Lindfield Avenue was lodged in May 2017 and a deemed refusal was lodged with the Land and Environment Court in October 2017 following protracted discussions with a view to satisfying the requirements of Council’s adopted strategic planning documents. A s34 conciliation conference was first held in November 2017 and later resumed in March 2018. Consent orders were issued on 23 March 2018 and included references to the letter of offer tendered at the conciliation conference. The letter of offer to enter into a VPA to dedicate land in Havilah Avenue at no cost to Council associated with this consent and associated diagrams was formally reported to the Ordinary Meeting of Council on 10 April 2018.

Council endorsement to proceed with the negotiation of the draft Planning Agreement

At the OMC of 10 April 2018, Council resolved (in part):

A. That the receipt of a formal offer to enter into a VPA from the development at 51, 55 and 55A Lindfield Avenue Lindfield and backing on to Havilah Lane in Lindfield be noted and delegation be granted to the General Manager or his nominee to progress the matter in line with Council’s adopted strategic planning documents until it is ready for reporting for exhibition.

Comments

Overview of the Strategic Planning Concept

The widening, adjusted alignment and future pedestrian improvement works to Havilah Lane involve the dedication of a narrow sliver of land from the rear frontage to Havilah Lane of a number of sites as shown in the diagram below.

Extract from the Development Control Plan showing the location of the area targeted for widening

The strategic planning documents for Lindfield, including the Local Centres Development Control Plan, the Public Domain Plan and the supporting contributions plan, collectively envisage that the development potential of the narrow, linear dedications would be available to the development site, stripping its market value and facilitating its dedication in the most cost effective manner. This approach enables the contributions plan to be focused on the delivery of public domain works of a reasonable quality and efficiently utilises development contributions by negating the need to include extensive land acquisition costs for narrow linear acquisitions and/or otherwise small acquisitions.

As the land itself is therefore not valued by the contribution plan, a Planning Agreement approach is triggered to facilitate the dedication.

Council contracted a surveyor to prepare the formal subdivision plan and associated documents arising from the architectural drawings referenced in the Letter of Offer and the consent conditions arising from the Court Orders issued by the Land and Environment Court.

This type of draft Voluntary Planning Agreement (VPA), for land dedication only, is a relatively straightforward document compared to other planning agreements that facilitate the delivery of works and infrastructure. This Agreement relates only to the dedication, free of cost, of a narrow, linear, strip of land along the frontage of Havilah Lane. It is similar in style to previous laneway dedication VPAs for Fitzsimons Lane in Gordon and Post Office Lane in Pymble.

The draft Planning Agreement for 51, 55 and 55A Lindfield Avenue, Lindfield

The draft Planning Agreement (Attachment A1) is a relatively straightforward document in that it facilitates and explains the dedication of an identified area of land free of cost to Council, and the nature of the public benefit being to facilitate improvements to the Lane and its reactivation. This is in accordance with the Local Centres Development Control Plan and Public Domain Plan. The draft survey of the road land is also attached to this report as (Attachment A2) and is Annexure A to the draft Planning Agreement. The associated Explanatory Note (which is ancillary) will be finalised and included prior to exhibition when we have formal confirmation of the incoming developer (see heading below concerning ownership).

Importantly, the draft Planning Agreement does not include works to deliver the public domain improvements other than to finish the alignment in the same manner as is required for any Development Application. This is because it is preferable for Council to undertake the works in a line once to ensure continuity of materials. Ideally this would be in association with the nearby Lindfield Village Green project.

The draft VPA for 51, 55 and 55A Lindfield Avenue, Lindfield is now presented to Council to proceed to statutory exhibition for public comment.

Ownership

It should be noted that the property is in the process of being on-sold. It is quite common that the entity that obtains development consent is often, even usually, not the entity that finally delivers the development. In this context, the incoming owner has a caveat over the properties and Council has been liaising with them in the full knowledge of the outgoing owner. It is expected that settlement will take place towards the end of July and, in any case, prior to any execution of the draft VPA. However it is important that the Explanatory Note correctly references the incoming party.

integrated planning and reporting

Theme Three: Places, Spaces and Infrastructure

Community Strategic Plan

Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P2.1 A robust planning framework is in place to deliver quality design outcomes and maintain the identity and character of Ku-ring-gai

Strategies, plans and processes are in place to effectively manage the impact of new development

P8.1.1.1.1.1-2

Ku-ring-gai Contributions Plan

2010 ensures new development contributes towards the cost of delivering supporting infrastructure.

P4.1 Our centres offer a broad

range of shops and services and contain lively urban village spaces where people can live, work, shop, meet and spend leisure time

Plans to revitalise local centres are being progressively implemented and achieve quality design outcomes in collaboration with key agencies, landholders and the community

C6.1.2.1.2; C4.1.2.1.3

New public infrastructure is planned to support new development and ensure that everyone who lives and works in Ku-ring-gai continues to enjoy access to public facilities.

P8.1 An improved standard of infrastructure that meets the community’s service level standards and Council’s obligations as the custodian of our community’s assets

Our public infrastructure and assets are planned, managed and funded to meet community expectations, defined levels of service and address inter-generational equity

C6.1.2.1.2; C4.1.2.1.3

New public infrastructure is planned to support new development and ensure that everyone who lives and works in Ku-ring-gai continues to enjoy access to public facilities.

Theme Four: Access, Traffic and Transport

Community Strategic Plan

Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

T1.1 A range of integrated transport choices are available to enable effective movement to, from and around Ku-ring-gai.

T3.1 An accessible public transport and regional road network that meets the diverse and changing needs of the community.

A network of safe and

convenient links to local centres, major land uses and recreational opportunities is in place

A strategic access, traffic and transport plan is being implemented for the Northern Sydney Region

T 1.1.3.1.1

Link roads and road widening.

Theme Six: Leadership and Governance

Community Strategic Plan

Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

L2.1 Council rigorously

manages its financial resources and assets to maximise delivery of services

Council expenditure satisfies

the needs of the community and Council has increased its commitment to infrastructure asset management priorities

C6.1.1.1.2

Council is leveraging the value of its assets to combine with contributions to deliver major community assets.

Governance Matters

The negotiation of the latest laneway dedication draft Planning Agreement (draft VPA) commenced under Ku‑ring‑gai Planning Agreement Policy 2016.

The draft VPA has been prepared with input from Urban Planning, the Property Unit and the Corporate Lawyer. Council appointed Wilshire Webb Staunton Beattie Lawyers to act on its behalf, the firm which also had carriage of the four previous laneway VPAs for Fitzsimons Lane Gordon and Post Office Lane Pymble being 904-914 Pacific Highway Gordon, 870-898 Pacific Highway Gordon, 900 Pacific Highway Gordon and 1017 Pacific Highway Pymble. WWSB were also Council’s solicitors in the matter of the appeal that gave rise to the Land and Environment Court approval of the associated Development Application.

The developers/landowners of the site at 51, 55 and 55A Lindfield Avenue, Lindfield are represented by HWLE Lawyers. The lawyers representing the parties have been consulted and have participated in the preparation of the draft Planning Agreement.

Risk Management

Council has commissioned the same external legal team to assist with the drafting of all its laneway Planning Agreements. The same firm also had carriage of the original Land and Environment Court Appeal which secured the agreement in principle in the form of the letter of offer previously reported to Council on 10 April 2018.

Financial Considerations

The strategic planning for the widening of Havilah Lane foreshadowed that the associated developments would retain the opportunity to utilise the floor space potential of the land to be dedicated thus compensating the development for the market value of the land. This is a cost-effective means of facilitating the dedication of land free of cost and enables a reduction in development contributions by limiting exposure to land acquisition costs.

There is a cost in terms of the recommended scheduling of the design and delivery of the works in association with the broader delivery of extension works to the adjacent Lindfield Village Green, however this delivery has already been many years in the planning.

Social Considerations

The dedication of land along Havilah Lane facilitates the public domain improvements foreshadowed in the Local Centres Development Control Plan and the Public Domain Plan. The improvements support the activation of the lane with positive associated social impacts such as encouraging the likelihood of more active ground level uses, more social activity and interaction, better amenity and safety arising from greater surveillance.

Environmental Considerations

The draft Planning Agreement for exhibition involves only the dedication of land for the purposes of the laneway widening. The design of the public domain improvements should be instigated closely in parallel with these latest redevelopments and in association with the delivery of the Lindfield Village Green Major Project.

Environmental considerations are a core component of the detailed design of all Council’s public domain improvement works, and minimising the time for construction works and disruptions, as well as cost savings, are a part of these considerations.

Community Consultation

The relevant legislation governing Planning Agreements falls under the Environmental Planning and Assessment Act 1979 described in the newly renumbered Part 7 and the associated Environmental Planning and Assessment Regulation 2000.

All draft planning agreements are to be exhibited for a minimum of 28 days for public comments. This is in the interests of openness and transparency because any submissions made will be reported back to Council for consideration as part of the decision as to whether Council should enter into the formal planning agreement.

This report proposes the statutory public exhibition of the draft Planning Agreement together with an associated Explanatory Note for public comment. A report will be brought back to Council following the completion of that exhibition.

Internal Consultation

Staff members from Urban Planning, the Property Unit and the Corporate Lawyer have been directly involved in this matter. Council appointed Wiltshire Webb Staunton Beattie Lawyers (WWSB) to act on their behalf. All parties involved in the process are now satisfied that the draft VPA is ready to be placed on public exhibition.

Summary

This report provides an overview of the status of the draft VPA for Havilah Lane in relation to the implementation of the Local Centres Development Control Plan, the Public Domain Plan and the Ku-ring-gai Contributions Plan 2010 which involve the dedication of a narrow, linear strip of land of varying width along the Havilah Lane frontage to the subject development site at 51, 55 and 55A Lindfield Avenue Lindfield.

The report proposes that the draft VPA be now placed on public exhibition.

Recommendation:

A. That public notice of the exhibition of the draft Planning Agreement and an Explanatory Note relating to the property at 51, 55 and 55A Lindfield Avenue, Lindfield, for the purposes of facilitating land dedication along the frontage to Havilah Lane, be duly given.

B. That the draft Planning Agreement together with an Explanatory Note be made available for inspection, in accordance with the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000.

C. That a report be brought back to Council following the completion of the statutory exhibition process associated with the draft Planning Agreement.

D. That delegation be granted to the General Manager or his delegate to make any administrative changes to the draft Planning Agreement (including attachments) that do not alter the overall intent in order to facilitate exhibition and to protect Council’s interests including the finalisation of the Explanatory Note.

Kate Paterson

Infrastructure Co-ordinator

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1	Draft Voluntary Planning Agreement for the dedication of land in Havilah Lane Lindfield		2018/174412
	A2	Survey of the land dedication being Annexure A to the draft Planning Agreement		2018/116921

Ordinary Meeting of Council - 26 June 2018	GB.9 / 124

Item GB.9	S09478

Blackbutt Creek Floodplain Risk Management Study and Plan - Public Exhibition Submission Review

EXECUTIVE SUMMARY

purpose of report:	To review the submissions received as a result of the Draft Blackbutt Creek Floodplain Risk Management Study and Plan public exhibition and endorse the updated Study and Plan.

background:	The Draft Blackbutt Creek Floodplain Risk Management Study and Plan represents the second stage of the flood risk management process for the Blackbutt Creek catchment and builds on the results of the 2014 Blackbutt Creek Flood Study. The document identifies and assesses a range of potential flood management options and provides recommended future management actions.

comments:	Consultants GHD were engaged to undertake the Blackbutt Creek Floodplain Risk Management Study and Plan in July 2016. The draft report was placed on public exhibition from 29 March 2018 to 30 April 2018, with copies available at the Gordon Library, Customer Service and on Council’s website. Letters were sent to 1,088 owners and / or residents of properties in the Overland Flow and Mainstream Flood Planning Areas, as identified in the 2014 Blackbutt Creek Flood Study. A community forum was also held on the evening of 11 April 2018, as part of the public exhibition period. A total of 14 submissions were received, with details and responses outlined in this report. A number of amendments have been made to address the submissions or clarify the information contained in the Study and Plan.

recommendation:	That Council adopts the Blackbutt Creek Floodplain Risk Management Study and Plan, with the amendments and corrections detailed in this report.

Purpose of Report

To review the submissions received as a result of the Draft Blackbutt Creek Floodplain Risk Management Study and Plan public exhibition and endorse the updated Study and Plan.

Background

The Blackbutt Creek Floodplain Risk Management Study and Plan (Attachment A1) represents the second stage of the flood risk management process for the Blackbutt Creek catchment and builds on the results of the Blackbutt Creek Flood Study (2014). The document identifies and assesses a range of potential flood management options and provides recommended future management actions.

The Blackbutt Creek Floodplain Risk Management Study and Plan has been undertaken with financial and technical assistance from the NSW Office of Environment and Heritage (OEH).

Comments

Consultants GHD were engaged to undertake the Blackbutt Creek Floodplain Risk Management Study and Plan in July 2016.

When preparing the Draft Blackbutt Creek Floodplain Risk Management Study and Plan a community bulletin and questionnaire was sent to all residents and owners impacted by the Probable Maximum Flood (2,395 sent in total), in September 2016.

The draft report was placed on public exhibition from 29 March 2018 to 30 April 2018, with copies available at the Gordon Library, Customer Service and on Council’s website. Letters were sent to 1,088 owners and / or residents of properties in the Overland Flow and Mainstream Flood Planning Areas, as identified in the Blackbutt Creek Flood Study (2014).

A community forum was also held on the evening of 11 April 2018 with 15 residents attending. The Blackbutt Creek Flood Study (2014) and Draft Blackbutt Creek Floodplain Risk Management Study and Plan were available to view. Representatives from GHD gave a short presentation on the Draft Blackbutt Creek Floodplain Risk Management Study and Plan which was followed by a question and answer session.

integrated planning and reporting

Community, People and Culture

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

An aware community able to prepare and respond to the risk to life and property from emergency events.

Plans are developed in partnership with emergency service agencies and key stakeholders and implemented.

Complete floodplain risk management study in consultation with Flood Risk Management Committee and investigate priority actions.

Governance Matters

The Flood Risk Management Committee, with community, industry and government representation acts as an advisory committee to Council for the development of all flood studies and flood risk management studies and plans.

The Flood Risk Management Committee has been consulted on this study.

Risk Management

The recent floods in various parts of Australia have highlighted the importance of floodplain risk management and have raised public awareness of the need for all councils to provide landowners with the best possible information on the risk of flooding to their property.

Financial Considerations

This study has been primarily funded through the NSW Office of Environment and Heritage (OEH) with Council contributions to the Study and Plan being shared between the Operations and Strategy and Environment departments. The Blackbutt Creek Flood Risk Management Study and Plan received OEH funding of $68,148 with Council committing to a contribution of $ 34,074 over two financial years.

Social Considerations

Undertaking flood mapping and associated activities in any area can have a number of implications for property owners and members of the community. The results of flood studies and flood risk management studies and plans can impact on property values, insurance premiums, planning controls and options for future development.

Environmental Considerations

The NSW Floodplain Development Manual (2005) clearly identifies the need for flood risk management to take into account the principles of ecologically sustainable development and to consider ways of “maintaining and enhancing riverine and floodplain ecology in the development of floodplain risk management plans” (section 1.1.2).

Community Consultation

A total of 14 submissions were received as a result of the public exhibition process, with the main issues summarised in Table 1, below. Where possible, name, property and address information have been removed to maintain individual privacy. Full details of the submissions and Council’s responses are provided in Attachment A2.

Submission number

Issue (s)

Response

Does not agree with property identified on the flood planning area map.

Blackbutt Creek Flood Study (2014) background information provided to provide clarity on inclusion of property in flood planning area map.

Channel debris maintenance – public land.

Details of Council’s drainage maintenance program have been provided.

As this is considered an operational issue, a request has been generated on behalf of the resident for this matter to be investigated.

Street drainage capacity.

Issue identified is due to the old style driveway system incorporating a pipe crossing, which is prone to blockage from leaf debris, and a flat driveway into the premises.

Driveway pipe crossings form a component of the private driveway across the nature strip, including the asphalt between the road pavement and the property line. As such owners are liable for costs associated with the construction, maintenance and repair of a vehicular access under Section 218 of the Roads Act 1993.

Residents can contact Council for further information.

Does not agree with Emergency Response Classification or extent of flood mapped.

Background information on the application of the Emergency Response Classification mapping has been provided.

Notations have been added to the maps to clarify the purpose of the Emergency Response Classification mapping.

Request to inspect source of water flowing through creek on site.

Street drainage capacity

Sydney Water was notified of a potential potable water leak, however after investigation was unable to find.

The matter has also been referred to Council’s Drainage Asset Engineer to investigate the network capacity and water source, who will respond directly to the resident on this matter.

Drainage maintenance – Ryde Road

Comment regarding water flowing through creek.

Maintenance of the drainage network on main roads, such as Ryde Road, is carried out by contractors on behalf of RMS, whilst on local roads Council undertakes routine maintenance of the pits and pipes.

Unusually constant water flows may be due to a leak in Sydney Water’s infrastructure and likely related to submission 5.

Ryde Road Emergency response classification mapping anomaly:

Figure A-5: 20% - Indirect

Figure A-6: 1% - High Trapped Perimeter

Figure A-7: PMF – Indirect

This issue has been addressed in the revised report. Figure A-6 should have been categorised as indirectly affected.

Impacts of increased development on local hydrology.

Requests for controls and public awareness on the use of hard-surfacing to replace existing green cover.

The issues raised in the submission are considered as part of the DA approval process.

Background information on Council’s Development Control Plan and Council’s education programs such as the Water Smart program, which encourages water sensitive urban design and sustainable water management on private properties, has been provided.

Maintenance of debris building up in the drainage reserve.

Request to remove fallen tree and undertake works to widen channel at a pinch point.

As this is considered an operational issue, a request has been generated on behalf of the resident for this matter to be investigated.

Council will not conduct works resulting to a change in the water course’s bed and banks unless asset stability is seriously threatened (flooding of a garden within the riparian zone is not sufficient cause to undertake these works).

Request to update figures 8-20 and 8-21 to correctly display drainage arrangement.

Comment on observed origin of water flow across property.

Figures 8.20 and 8.21 have been amended to show the correct location of the drainage system.

The resident’s comments in relation to flood flow are noted and appear to be consistent with the flood model.

Thorough description of local drainage issues and request to include management proposal in the flood risk management study and plan.

Background information relating to the identification of potential sites for consideration in the Blackbutt Creek Flood Risk Management Study and Plan provided.

As this is considered an operational issue, a request has been generated on behalf of the resident for this matter to be investigated.

Does not agree with Emergency Response Classification.

Background information relating to the Blackbutt Creek Flood Study (2014) and related mapping provided along with details on the purpose and use of the

Flood Emergency Response Classifications.

Concerned about impacts to property value.

General issues with the Flood Study mapping.

Local drainage capacity development issues.

Does not agree with Emergency Response Classification and flood risk precinct mapping.

Recommended actions needed from Council:

1. Installation of detention chambers to retard peak flows that occur within Council’s assets, for example, roads at the same proportion that Council requires of private owners; for example, at the intersection of Maitland and Warwick Streets.;

2. Upgrading of the piped system and pits from Warwick St and the head of Maitland St to the open channel in Maitland St;

3. Upgrading of the open channel which commences in Maitland St through to Norfolk St and beyond;

4. Regular maintenance of Council’s drainage system to ensure it is not blocked by leaves and twigs from the many major street trees in Council’s nature strip.

5. If the drive way installed in the neighbour’s property and the low flow pipe provided are inadequate and liable to cause affluxing into our property, then we request Council require the original developer to rectify this;

6. Reassess this part of the Maitland St catchment using field surveys to inform the terrain model;

7. Amend the plans and records to state that the floor level is not affected under any of Council’s analyses;

8. Amend the plans to remove the “High Trapped Perimeter” and “High – Evacuation Problems” designations or reduce the classification to indicate the likely very short term impact of such events.

Background information relating to the Blackbutt Creek Flood Study (2014) and related mapping provided along with comments on local drainage capacity and development concerns raised.

Further clarification on the purpose and application of the Emergency Response Classification and flood risk precinct mapping provided.

Council’s response to actions needed:

1. Installation of detention chambers is considered where appropriate to prevent flooding of residences (this does not include gardens). Council has undertaken such works in the past however they are very expensive and not identified as a feasible solution in this flood risk management study and plan;

2. Upgrading of the pipes and pits is an ongoing part of Council’s stormwater asset management program;

3. The open channel is contained within private properties;

4. Council has an existing drainage maintenance program, any problem areas should be reported to Council for maintenance;

5. Any consideration of the driveway and low flow pipe will be considered where an application for development is considered;

6. The catchment scale of the study and expense of the modelling mean that it is not feasible to remodel immediately. Individual topography characteristics are considered for any planning applications; can be communicated to insurance companies; and could be raised during a future revision;

7. There is sufficient information in the current studies to determine the modelled flood height in relating to existing floor level;

8. Notes have been added to the maps to clarify the purpose and details of these classifications in relation to flood duration and are outlined in section 2 of the report.

Increased flows and creek channel instability.

Wants piping of open waterways investigated.

Comments on impacts of development.

Priority assigned to proposed actions and associated timeframes

Background information on the consideration of erosion and development in the floodplain risk management study and plan provided, along with clarification on how the floodplain risk management study and plan has prioritised management actions with associated timeframes.

Additional information also provided on the limitations of piping open waterways, including Council’s riparian controls, which need to be carefully considered.

Table 1: Summary of submissions received and Council’s response

Key concerns raised through the public exhibition related to the impact on insurance premiums, property value and the potential applicability of proposed emergency management classifications. Council staff, OEH staff and the consultants employed to undertake these studies are very conscious of the potential impact on property values and insurance premiums and undertake all studies and plans with the best information available, following the NSW Floodplain Development Manual.

The SES representatives on Council’s Flood Risk Management Committee were contacted to determine the usefulness and applicability of the Emergency Response Classification and Flood Risk Precinct mapping in Ku-ring-gai.

It was acknowledged that although residents may be concerned due to potential property price or insurance impacts it is important that residents are correctly informed of the types of flood risks in their area.

In order to clarify the use and purpose of the maps, and the nature of flooding in the area the labelling of the Flood Risk Precinct Map categories was amended so that the evacuation areas are no longer labelled as ‘High’ and notes have been added to the Emergency Response Classification and Flood Risk Precinct maps to clarify their purpose.

In addition, more information will be placed on Council’s flood risk management page to help residents interpret the Flood Study and Flood Risk Management Study and Plan information. This information will be developed in consultation with the Flood Risk Management Committee and will aim to assist residents in negotiating with insurance companies.

Links will also be added to direct residents to related Council water management programs.

Submissions relating to the revision, verification or update of flood mapping was beyond the scope of this public exhibition process as feedback on the Blackbutt Creek Flood Risk Study was sought in 2014. The financial and staff resources required to undertake flood mapping updates mean it is not feasible to update the flood mapping as part of the finalisation of the Blackbutt Creek Floodplain Risk Management Study and Plan, however individual site characteristics and site specific flood models are considered with development applications, where required.

Internal Consultation

Council staff have been nominated to attend the Flood Risk Management Committee meetings and relevant staff from the Operations, Development and Regulation and Strategy and Environment departments have been consulted on the Blackbutt Creek Floodplain Risk Management Study and Plan.

Summary

Consultants GHD were engaged to undertake the Blackbutt Creek Floodplain Risk Management Study and Plan in July 2016 (Attachment A1).

The draft report was placed on public exhibition from 29 March 2018 to 30 April 2018, with copies available at Gordon Library, Customer Service and on Council’s website. Letters were sent to 1,088 owners and / or residents of properties in the Overland Flow and Mainstream Flood Planning Areas, as identified in the Blackbutt Creek Flood Study (2014).

A total of 14 submissions were received through the public exhibition process. A summary of the issues raised and Council’s responses are the provided in this report. Full details of the submissions and Council’s responses are provided in Attachment A2.

Recommendation:

A. That Council adopts the Blackbutt Creek Floodplain Risk Management Study and Plan, with the amendments and corrections detailed in this report.

B. That a copy of the final Blackbutt Creek Floodplain Risk Management Study and Plan be placed on Council’s website.

C. That Council acknowledges the formal submissions made on the Draft Blackbutt Creek Floodplain Risk Management Study and Plan and responds to the authors with the outcomes.

Sophia Findlay

Water and Catchments Program Leader

Marnie Kikken

Manager Environment & Sustainability

Andrew Watson

Director Strategy & Environment

Attachments:	A1	Blackbutt Creek Floodplain Risk Management Study and Plan		2018/156306
	A2	Blackbutt Creek Floodplain Risk Management Study and Plan - details of submissions and responses		2018/152272

Ordinary Meeting of Council - 26 June 2018	GB.11 / 138

Item GB.11	S11437

Consideration of submissions on the draft Heritage Conservation Areas: Athol Conservation Area, Lanosa Conservation Area, Mona Vale Road Conservation Area, Pymble Heights Conservation Area and Fern Walk Conservation Area

EXECUTIVE SUMMARY

purpose of report:	For Council to consider the submissions received during the public exhibition of the Planning Proposal to include several new and extended heritage conservation areas being Athol Conservation Area, Lanosa Conservation Area, Mona Vale Road Conservation Area, Pymble Heights Conservation Area and Fern Walk Conservation Area in the Ku-ring-gai Local Environmental Plan 2015 (KLEP 2015) and the Ku-ring-gai Local Environmental Plan (Local Centres) 2012 (KLEP LC 2012).

background:	A Planning Proposal was prepared to include several heritage conservation areas for KLEP 2015 and the KLEP LC 2012. The Planning Proposal was placed on public exhibition between 15 September 2017 and 23 October 2017. This report provides an overview of the outcomes of the public exhibition.

comments:	A total of 60 submissions were received on these draft conservation areas during the public exhibition of the Planning Proposal. The submissions have been reviewed and the Planning Proposal has been revised.

recommendation:	That Council proceeds with a heritage listing for the amended Athol Conservation Area. The Lanosa, Mona Vale Road, Pymble Heights and Fern Walk Conservation Areas are not recommended to proceed.

Purpose of Report

Background

On 26 November 2013 Council resolved to place 14 potential heritage conservation areas on non-statutory exhibition. This was a peer review of the areas reviewed by Paul Davies Pty Ltd in 2010. These reviewed HCAs were exhibited from 7 March 2014 to 7 April 2014. This work was undertaken by Heritage Consultants Sue Jackson-Stepowski Pty Ltd, Carste Studios and John Oultram.

On 26 November 2013, members from the Pymble community addressed Council regarding the heritage significance of Pymble. Council resolved to seek quotations from a heritage consultant to undertake a further heritage review of Pymble.

Perumal Murphy Alessi Pty Ltd Heritage Consultants were engaged to undertake this review. On 26 May 2015 Council resolved to place this review of the Pymble East and West HCAs on non-statutory exhibition.

These were exhibited for a non-statutory period from 5 June 2015 to 3 July 2015.

On 6 December 2016 Council resolved to prepare and submit a Planning Proposal to the Department of Planning and Environment (the Department) for Gateway Determination to include several heritage conservation areas on schedule 5 and the Heritage Map of KLEP 2015 and KLEP LC 2012. The Department issued a Gateway Determination to allow exhibition on 2 May 2017.

The Planning Proposal was placed on public exhibition between 15 September 2017 and 23 October 2017. Owners were notified by a letter which included a map of the affected area and Heritage Conservation areas brochure briefly explaining the proposal, the process and the community’s opportunity to make comment.

A report on the submissions was presented at the Ordinary Council meeting of 8 May 2018. Following representations from members of the community the Council resolved to defer the report to three subsequent meetings to provide more time for Councillors to consider the recommendations and undertake their own assessments.

This report provides an overview of the outcomes of the public exhibition for the following conservation areas:

· Athol Conservation Area;

· Lanosa Conservation Area;

· Mona Vale Road Conservation Area;

· Pymble Heights Conservation Area; and

· Fern Walk Conservation Area.

Comments

Heritage conservation areas conserve the heritage values of an area, rather than a particular item. These are areas in which the historic origins and relationships between various elements create a cohesive sense of place that is worth keeping. These elements can include the buildings, gardens, landscape, views and vistas.

In undertaking the heritage conservation area review, Council is acknowledging the unique and valuable heritage character of Ku-ring-gai. Those areas which are recommended by this report represent the best heritage streetscapes within Ku-ring-gai. The determining factors in assessing cultural significance and contribution values can be can be found in Attachment A1.

Common themes from the community submissions

Council received 60 community submissions for the heritage conservation area peer review for the HCAs being considered by this report, several of these were duplicates sent by mail and electronically: In addition 3 submissions were received that were in support of all the HCAs that were exhibited as part of the peer review.

56 submissions were against the proposal, 2 submissions were for the proposal and 2 submissions were unclear as to whether they were for or against. A summary of the submissions for each heritage conservation area can be found in Attachments A3 to A7, and submissions that were made for all HCAs (i.e. not a specific area) can be found in Attachment A8.

Common themes from the submissions were:

· Implications of inclusion in a heritage conservation area;

· support for protecting the local area from increased residential density;

· impact on house prices from reduced demand;

· objection to blanket listing;

· The National Trust (NSW) study Housing in NSW Between the Wars 1996 prepared by Robertson and Hindmarsh.

A discussion of these common themes can be found in Attachment A2. A literature review on the effects of heritage listing in designated areas can be found in Attachment A10.

Review of the maps and proposed HCAs

Following the exhibition period Council staff reviewed the submissions, and then once again reviewed the proposed heritage conservation areas taking into consideration the information gleaned from the submissions, changes on the ground (demolitions and/or new developments including alterations and additions) and Council held records (such as historical photographs, Council reports, property files and development applications).

Below is a summary of the Council officer’s recommendation for each heritage conservation area. Further information for each of the heritage conservation areas can be found in Attachments A3 – A7 which includes comments, summary of submissions, revised ratings and revised mapping.

Summary of heritage conservation area recommendations

Type (new/extension)	Proposed name	#	LEP	Consultant	Recommendation
New	Athol Conservation Area	C46	LCLEP	PMA	Proceed amended.
New	Lanosa Estate Conservation Area	C45	KLEP	SJS	Not Proceed
New	Mona Vale Road Conservation Area	C43	KLEP	SJS and PMA	Not proceed
Extension	Pymble Heights Conservation Area	C8A and C8B	KLEP and LCLEP	PMA	Not Proceed
Extension	Fern Walk Conservation Area	C9	KLEP	PMA	Not Proceed

Map of the Athol Conservation Area recommended to proceed can be found at Attachment A9.

Explanation of heritage conservation area recommendations

1. Athol Conservation Area – Pymble (C46) (see Attachment A3)

Recommendation: Proceed amended

The Athol Conservation Area is recommended to proceed as an amended and reduced conservation area. Based upon submissions and review of Council held information, the rating of several properties in this draft HCA were changed to neutral.

Unsympathetic changes to properties and the inclusion of more recent buildings has resulted in the erosion of the historic layer of buildings on the eastern side of the Athol study area (see Figure 1).This area no longer retains values worth conserving as a heritage conservation area.

Figure 1: Contribution rating map of Athol Conservation Area

The western side of the HCA is recommended to proceed. The houses on this side include the heritage items Athol (19 Athol Street) and Claverton (3-5 Alma Street). The houses date from the 1890s through to the 1950s. The inclusion of the Athol Conservation Area will contribute to the heritage values and the setting of existing Park Estate Conservation Area.

2. Lanosa Estate Conservation Area - Pymble (C45) (see Attachment A4)

Recommendation: Not to proceed

The Lanosa Estate Conservation Area Pymble (C45) is not recommended to proceed. The streets contain a mix of building styles, forms and building materials. Inter-war building styles dominate but there are also examples of 1950s and 1960s dwellings, as well as more recent project home developments. A significant proportion of original properties have undergone substantial changes over time and no longer present in their original forms or retain their original fabric. This has significantly undermined the heritage values of the area and, consequently, the area is not considered to meet the threshold for listing as a heritage conservation area (see Figure 2 for the revised contribution ratings).

Figure 2: Contribution rating map of Lanosa Conservation Area

3. Mona Vale Road Conservation Area - Pymble and Gordon (C43) (see Attachment A5)

Recommendation: Not to proceed

The Mona Vale Road Conservation Area Pymble and Gordon (C43) is not recommended to proceed. The area displays a range of residential properties of different ages and styles, however, the impacts of widening Mona Vale Road and the heavy traffic flows have greatly impacted on the area’s legibility and level of intactness.

The presentation to the street is dominated by high fences and the experience when in the street is dominated by traffic noise and the rush of fast moving vehicles along this busy six lane wide thoroughfare. It is noted the street contains many excellent examples of residential development, however, a significant proportion of these are already listed as individual heritage items (see Figure 3 – heritage items are coloured yellow and numbered). On balance, when giving consideration to compromised important values such as setting and streetscape Mona Vale Road does not meet the threshold for listing as a heritage conservation area.

Figure 3: Contribution rating map of Mona Vale Road Conservation Area

4. Pymble Heights Conservation Area – Pymble (C8A and C8B extension) (see Attachment A6)

Recommendation: Not to proceed

The extension to the Pymble Heights Conservation Area is not recommended to proceed. Several of the ratings were changed due to unsympathetic additions including second storeys and demolition rebuilds (see Figures 4 and 5). Given the small size of these potential extensions to the Pymble Heights Conservation Area these few changes had a large impact on reducing the significance of these streetscapes. The area does have character in terms of the gardens and the streetscape but does not read as an intact heritage area.

Figure 4: Contribution rating map of Pymble Heights Conservation Area (8A)

Figure 5: Contribution rating map of Pymble Heights Conservation Area (8B)

5. Fern Walk Conservation Area – Pymble (C9 extension) (see Attachment A7)

Recommendation: Not to proceed

This extension to the Fern Walk Conservation Area is not recommended to proceed. In this relatively small extension the ratings on five houses changed from contributory to neutral, the main reason being unsympathetic additions (such as second storeys on single storey bungalows) and loss of design integrity. The predominance of neutral properties has undermined the heritage significance of the area and the area is not recommended to proceed (see Figure 6).

Figure 6: Contribution rating map of Fern Walk Conservation Area

integrated planning and reporting

Theme 3: Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

Strategies, Plans and Processes are in place to effectively protect and preserve Ku-ring-gai’s heritage assets

Implement, monitor and review Ku-ring-gai’s heritage planning provisions

Identify gaps in existing strategies and plans

Governance Matters

This report addresses issues of heritage protection in line with Council’s recently gazetted LEPs. The process for the preparation and implementation of the Planning Proposal to implement the new Heritage Conservation Area is governed by the provisions contained in the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000.

Council was issued with plan-making delegation under Section 2.4 (previous s.23) of the EP&A Act 1979 to finalise the Planning Proposal.

Risk Management

This report provides the level of detail and the justification, including preliminary community consultation.

Financial Considerations

The costs associated with this matter are covered by the Strategy and Environment Department, Urban and Heritage Planning budget.

Social Considerations

There is a community expectation that places of heritage significance within the Ku-ring-gai Council local government area will be identified and protected.

Environmental Considerations

Council is responsible for the identification and management of Ku-ring-gai’s environmental heritage. Consideration of this matter will assist Council in meeting this requirement.

Community Consultation

The Planning Proposal was exhibited from 15 September 2017 until 23 October 2017. It was advertised on Council’s website and in the North Shore Times and Hornsby Advocate. Letters and an explanatory brochure were forwarded to the owners of affected properties inviting submissions. In some cases Council staff undertook additional site inspections of the proposed heritage conservation areas with the local residents to enable staff to fully comprehend their submissions.

The recommendations by Council officers were also considered by Council’s Heritage Reference Committee. There were no objections raised to the recommendations regarding the draft heritage conservation areas contained within this report.

Internal Consultation

A briefing was held for Councillors on the Heritage Conservation Area program on Tuesday, 29 May 2018 and a further Councillor briefing session was scheduled prior to this report to the Council meeting of 26 June 2018.

This report has been referred to the relevant sections of Council and the Council’s Heritage Reference Committee for comment.

Summary

This report considers the community submissions to a planning proposal to list four additional heritage conservation areas being Athol Conservation Area, Lanosa Conservation Area, Mona Vale Road Conservation Area, Pymble Heights Conservation Area and Fern Walk Conservation Area. Based on the assessment of the submissions and further detailed heritage assessments only one heritage conservation area is recommended to proceed being the amended Athol Conservation Area.

Recommendation:

A. That Council resolves to adopt the Planning Proposal to list the amended heritage conservation area Athol Conservation Area as identified in Attachment A9 in Schedule 5 and the Heritage Map of the Ku-ring-gai Local Environmental Plan (Local Centres) 2012.

B. That Council does not proceed with the inclusion of the Lanosa Heritage Conservation Area (as exhibited) in the adopted Planning Proposal.

C. That Council does not proceed with the inclusion of the Mona Vale Road Conservation Area (as exhibited) in the adopted Planning Proposal.

D. That Council does not proceed with the inclusion of the Pymble Heights Conservation Area (as exhibited) in the adopted Planning Proposal.

E. That Council does not proceed with the inclusion of the Fern Walk Conservation Area (as exhibited) in the adopted Planning Proposal.

F. That Council, using its delegated authority, proceeds to make the Plan under Section 3.36(2) of the Environmental Planning & Assessment Act 1979.

G. That those who made a submission be notified of Council’s resolution.

Andreana Kennedy

Heritage Specialist Planner

Antony Fabbro

Manager Urban & Heritage Planning

Maxine Bayley

Strategic Planner Heritage

Andrew Watson

Director Strategy & Environment

Attachments:	A1	Attachment A1 - Determining factors in assessing the significance of heritage conservation areas and contribution ratings	2018/169572
	A2	Attachment A2 - Common themes from the submissions	2018/169578
	A3	Attachment A3 - Assessment - Athol Conservation Area Pymble (C46)	2018/169322
	A4	Attachment A4 - Assessment - Lanosa Estate Conservation Area Pymble (C45) June 2018 Report Attachment	2018/166463
	A5	Attachment A5 - Assessment - Mona Vale Road Conservation Area Pymble and Gordon (C43) June 2018 Report Attachment	2018/166448
	A6	Attachment A6 - Assessment - Pymble Heights Conservation Area - C8A & C8B	2018/169311
	A7	Attachment A7 - Assessment - Fernwalk Conservation Area Pymble - C9	2018/169324
	A8	Attachment A8 - Submission summary table - all HCAs	2017/334722
	A9	Attachment A9 - Recommended to proceed	2018/169553
	A10	Attachment A10 - Brief literature review of the effect of designation on area on house prices	2018/109311

Ordinary Meeting of Council - 26 June 2018	MM.1 / 28

Item MM.1	S02767

Ordinary Meeting of Council - 26 June 2018	MM.2 / 30

Item MM.2	S05053

Ordinary Meeting of Council - 26 June 2018	GB.6 / 105

Item GB.6	S05273
	13 June 2018

Ordinary Meeting of Council - 26 June 2018	GB.7 / 112

Item GB.7	S11736

Justice Robert Neville (Angus) Talbot	Chair
Jacqueline Townsend	Chair (Alternate)
Kevin G Hoffman	Chair (Alternate)
Gerard Turrisi	Expert Panel Member
Sandra Robinson	Expert Panel Member
Tony Blue	Expert Panel Member (Alternate)
Michael Leavey	Expert Panel Member (Alternate)
Cheramie Marsden	Expert Panel Member (Alternate)
James Coleman	Expert Panel Member (Alternate)
Frank Ko	Community Member
Peter Thornton	Community Member
Elaine Malicki	Community Member
Suzanne Jolly	Community Member

Ordinary Meeting of Council - 26 June 2018	GB.10 / 133

Item GB.10	S10078